Q: What is a trademark?
A: A trademark is a word, phrase, symbol, or design (or a combination of these) that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.
Q: How does a trademark differ from a copyright?
A: A trademark protects a name, slogan, or logo used to identify a business or product. A copyright protects an original artistic or literary work (like a book, song, or painting). A patent protects an invention.
Q: Does my business name automatically get trademark protection?
A: No. A business name (or trade name) is the name under which you do business. It only gets trademark protection if it is used to identify the source of goods or services. Registering your business name with the state does not grant trademark rights.
Q: Who owns a trademark?
A: In the United States, trademark rights are generally based on "use in commerce." The first person to use a mark in commerce to sell goods or services generally owns the rights to that mark in that geographic area. You can also file an "Intent-to-Use" application with the USPTO to reserve a mark before you start using it.
Q: What are the benefits of federal registration?
A: While you have some rights just by using the mark (common law rights), federal registration on the USPTO Principal Register provides several advantages:
- Public notice of your claim of ownership.
- A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration.
- The ability to bring an action concerning the mark in federal court.
- The use of the U.S. registration as a basis to obtain registration in foreign countries.
- The ability to record the U.S. registration with the U.S. Customs and Border Protection Service to prevent importation of infringing foreign goods.
Q: When can I use the trademark symbols?
A: You can use the "TM" (trademark) or "SM" (service mark) symbols at any time to claim rights in the mark. You can only use the federal registration symbol (the circle R, ®) *after* the USPTO has actually registered the mark, and only on goods or services listed in the registration.