Trademark Laws

Answer 1

Trademark law is one of the legal fields that can be found in the overarching field of Intellectual Property law. There are three sources of trademark law. These three sources of trademark laws are the common law of unfair competition, the Trademark Revision Act of 1988, and the Lanham Act of 1946. Each area of law has specific requirements for trademarks.

For example, in common law, trademark rights are given to the first person that actually uses a mark in a manner which associates it in a clear fashion with his or her goods. Common law only protects the trademark in a geographic area or market where the mark actually identifies goods or services of the particular firm using the trademark.

The Lanham Act expanded the geographic area in which trademarks are protected to include a nationwide protection of a certain mark. Even if a company has no intention or plan to market or sell goods in a certain part of the country, the Lanham Act protects the trademark. If multiple companies try to use a trademark in different markets, then the first person that registers will get nationwide ownership. The exception exists in markets where the trademark was already being used by other companies or people. The other individuals and companies then have limited rights to the market in which they were using the trademark.

The Trademark Revision Act of 1988 put forth various requirements in regards to trademarks. First, it put forth the intent to use requirement which replaced the actual use requirement. Using the Trademark Revision Act of 1988, an application to register a trademark can be made by showing a bona fide intent to use the mark. The application then can reserve the mark for up to two years. If the applicant can then show actual use in that time period, then the mark will be registered and have the same effect that it would have under the Lanham Act.

To put it simply, there are two separate elements constituting a trademark. First, a trademark includes any word or name that is used by a person. Second, this word or name may be used by a person with an intent to use it in business and to make his or her goods distinctive. Overall, it is important to understand the elements of a trademark so one knows which parts of his or her business are protected.