Trademarks are distinct symbols, words, or designs that identify and differentiate a company’s products or services from those of its competitors. They are crucial for brand recognition and are protected by both common law and federal statutes.
A trademark owner has the exclusive right to use the trademark for the specific products or services it identifies, as well as related goods or services. This protection prevents others from using similar marks that could cause confusion among consumers.
Trademark registration with the U.S. Patent and Trademark Office (USPTO) provides significant advantages. While unregistered trademarks are protected under common law if the owner can prove prior use, registration offers stronger legal recourse. A trademark can be registered as long as it is not already owned by someone else and the applicant intends to use it commercially.
Trademarks differ from patents and copyrights. Copyrights protect original artistic and literary works, while patents protect inventions. Trademarks, on the other hand, safeguard brand identifiers.
Registering a trademark, even when unregistered marks have common law protection, is highly recommended. Registration serves as public notice of ownership, deterring infringement. It also allows the owner to sue infringers in federal court and forms the basis for international trademark registration.
The “TM” symbol can be used for unregistered trademarks, while the “SM” symbol denotes a service mark. However, the registered trademark symbol “®” can only be used after the mark has been officially registered with the USPTO.
Trademark registration can be conveniently completed online through the USPTO website. The online application process typically provides an immediate acknowledgment receipt. While the process is relatively straightforward, adherence to all requirements is essential for timely processing. While not mandatory, consulting with an attorney is recommended to ensure full compliance and maximize protection.