Trademark Protection

Answer 1

A trademark refers to the symbol, name or device associated with the source of goods on the market to distinguish those goods from others. A business receives trademark rights from the U.S. Patent and Trademark Office to prevent others from using a similar mark that could be confused with the business; however, the trademark does not prevent other businesses from making or selling the same goods or services. A business might also register a trademark with the state where its headquarters is located. Rights are established based on legitimate use of the mark in a commercial setting even if a business does not register the trademark. Registration with a state or federal agency helps to establish the date use of the trademark began in a legal proceeding.

Rights to a trademark are claimed by a 'TM' designation without filing an application for registration. Legitimate use of a trademark is referred to common law rights. The first person to either use the trademark or to file an intent to use application will have the ultimate right to the trademark. The federal registration symbol '®' can only be used on goods and/or services connected with the registration once the U.S. Patent and Trademark Office registers the mark.

A trademark has to be distinctive enough for customers to recognize a product in the marketplace. Sometimes referred to as strong trademarks, these are creative or extraordinary marks such as Yahoo. A strong trademark is also established from a marketing blitz or a long-standing familiarity with the public. The trademark has to do more than simply describe a feature or the quality of goods and/or services. These are considered weak and are not protected by trademark law.

Technically, the business name is not a trademark or entitled to trademark protection. The name is called a trade name and is used on signage, letterhead and invoices. The exception is if the trade name is on a product or service under trademark protection. However, a trade name that is not used on a product or service may still receive some protection under state laws based on the business formation.

The owner of a trademark can stop illegitimate use of the mark through the courts. The public purchases products and/or services based on trademarks that are recognizable. Trademark law prevents an overlap that may confuse the public about the origin of the product and/or service. A conflict may not exist with a similar trademark between two companies that have different products and/or services.