Trademarks are words, symbols or designs that are used to
identify the goods of a manufacturer. To be granted trademark
protection, a good must be used in commerce, or buying and selling,
and it must be unique or distinctive. Trademarks are also referred
to as brand names.
The Lanham Act
Enacted in 1946, the Lanham Act is a federal statute that
governs federal trademark law. It prohibits actions such as false
advertising, trademark infringement and dilution.
Advantages of Federal Trademark Registration
All trademarks do not need to be registered, but federal
registration has advantages. Most importantly, the trademark
owner’s claim receives notice across the nation, and evidence of
ownership is obtained. Trademarks are also subject to the
jurisdiction of the federal court system and can be used to obtain
registration in other countries. To prevent the import of similar,
foreign goods, the trademark may be filed with the United States
Customs Service.
Obtaining a Trademark
Rights are acquired by being the first one to use the trademark
in buying or selling, or by being the first one to register the
trademark. An application for trademark registration, along with a
trademark design, is filed online with the Patent and Trademark
Office. A trademark examiner reviews the application, and a
response is issued within four months. The application may be
rejected if the mark is generic or deemed immoral. If the examiner
rejects the registration, the trademark owner may file an appeal
with the Trademark Trial and Appeals Board.
Maintaining Rights
To maintain the registration, the owner must use the mark in a
lawful way. Rights will be lost if the trademark is abandoned and
not active for three years. Also, rights are lost when a trademark
becomes generic and no longer represents a distinctive product.
Trademark Infringement and Dilution
Infringement and dilution refer to a violation of trademark
rights. The use of identical or similar marks on an identical or
similar product causes consumer confusion and is referred to as
trademark infringement. Trademark dilution occurs when a famous
name is used on a product that has no connection to the product of
the trademark owner. As a result, consumers are confused whey
trying to determine which product the name represents. Trademark
owners can sue responsible parties for using the mark in an
unauthorized way.
A qualified attorney who specializes in trademark law can
explain specific rules and help with trademark registration.
