Post date: Dec 04, 2010 2:44:23 PM
A trademark can distinguish the source of your goods fromother sources by using a name, word, device, or symbol as adistinctive indicator or sign. Sometimes called aservicemark when it is used to identify a service ratherthan a product, the mark shows that the particular serviceoriginates from a unique source.Trademarks may be designated through the use of any of anumber of symbols:• ® is the symbol for a registered trademark.• is the symbol for an unregistered trademark.This is a mark that a company might use to brand or topromote their goods.• " is an unregistered service mark. It is used tobrand or to promote services.The only time that you are permitted to use the symbol ®
is after the USPTO has registered the mark. It cannot be
used while your application is still pending.
However, if you have claimed rights to a mark you can use
the symbols and/or " to alert others that you have claimed
the mark - whether or not you have filed a trademark
application with the USPTO.
Legal proceedings for trademark infringement may be
initiated by the owner of a registered trademark in order to
prevent others from making unauthorized use of their
trademark.
Unregistered trademarks may also be protected by filing a
lawsuit as well, but the protection would only apply to a
specific geographic area within which the trademark has been
used or in an area or areas into which it could reasonably be
expected that it will be used in the foreseeable future.
Informally, trademarks are also used as a reference to a
distinguishing attribute that a person is readily identified
by. This would be the case particularly with well known
celebrities.
Trademark rights could be used to stop other people from
using a mark that appears to be very similar. However
trademark rights cannot stop others from manufacturing or
selling the same services or goods under a clearly different
servicemark or trademark.
If an entity envisions using a trademark in interstate or
foreign commerce then it can be registered with the USPTO
(United States Patent and Trademark Office) in order to be
protected nationwide.
How Long Do Trademarks Last?
If a trademark is federally registered the rights can last
indefinitely should the owner continue to use the mark on
goods or in connection with services or goods in the
registration provided that the owner has filed all of the
necessary documents with the United States Patent and
Trademark Office at the appropriate times.
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