What Is A Trademark?
In short, a trademark is a brand name. It is a name, word, etc. that identifies a company’s product and distinguishes it from products sold or manufactured by other companies. A trademark indicates the source of the goods. An example of a famous trademark is "Nike" or "Just do it" both of which identify Nike footwear and apparel as being from Nike Corporation.
What Can Serve As A Trademark?
Words, phrases, symbols, letters, slogans, designs, features of packaging, color combinations, animations and sounds can be employed as a trademark.
WHAT IS A SERVICE MARK?
Same as a trademark except that a service mark is for services.
Why Is A Trademark Important?
Among other reasons, your product may be very desirable for any number of reasons. For example, your product may be of superior quality and so you want consumers to be able to easily identify your products and distinguish them from lesser quality or inferior products offered by your competitors.
Do I Have To Register A Trademark?
No, you can simply use the trademark in your geographical area.
Why Register A Trademark?
Federal registration provides a presumption that you own the trademark nationwide among other reasons. You can also:
- Use federal courts to enforce your trademark;
- Use as a basis for obtaining registration in foreign countries;
- Use U.S. Customs to prevent importation of infringing foreign goods;
- Use as evidence of ownership of the mark.
How Long Does Trademark Registration Last?
Indefinitely, provided you continue to use the mark, file an affidavit of use between the fifth and sixth year, and continue to renew every 10 years.
Does The U.S. Trademark Offer Worldwide Protection?
No. You can file one application for a group of countries based on certain treaties and agreements. The European Union covers 15 European countries; The Madrid Protocol covers 84 countries worldwide as of Oct. 27, 2008. |