TRADEMARK

A trademark is a distinctive sign or indicator of some kind which is used to identify the source of production and/or service to consumers. It is also used to distinguish the product or service of one provider from another. A trademark is a type of intellectual property whose owner can be an individual, business organization or other legal entity. Trademarks function as a “badge of origin” to identify the commercial source or origin of a product or service.

A common misconception about trademarks is that it is a logo or symbol, but in fact it can be more than just a logo or symbol. Some common forms of a trademark include words, name, phrase, symbol, design, device, image or a combination of these items. The two symbols associated with a trademark in the United States are TM and ®. These symbols notify the general public that the word, phrase, name, logo, etc. that comes before the symbol is being used as a trademark. The use of these symbols may be crucial in the event of trademark litigation. The status of a trademark will determine which symbol is used in connection with the mark. The TM symbol displayed immediately following the mark is used with any unregistered trademark. The ® symbol, also displayed immediately following the mark is used with all trademarks that have been registered with the United States Patent and Trademark Office (USPTO).

The difference between a registered trademark and an unregistered trademark is in the level of protection. The owner of a registered trademark may initiate a lawsuit to prevent unauthorized use of the trademark and has much greater protections than the owner of an unregistered trademark may only bring a lawsuit for a tort action. When used properly, a registered trademark may also be used to prevent others from using a confusingly similar mark. However registration will not prevent others from selling the same product or provide similar services. To learn more about the benefits of trademark registration, read our article on Trademark Protection.

Aside from rights under the trademark law, a trademark owner may also have copyrights attached to their trademark. Read our articles on Copyrights to see if your trademark also have copyright protections. Remember, when in doubt, consult a professional! Skousen Law attorneys can help you determine how best to protect your rights.