U.S. Trademark

What is meant by Intellectual Property?

The intellectual property concept is similar to the one of real or tangible property, which involves houses, boats, cars or any other object you might own. The main difference between the two is that IP is intangible, it is an idea emanating from the mind that can be the source for a new service, a product or a book.

U.S. Copyright protects the following rights:

• Copyrights — Songs, photos, poems and any other original artistic creation or works of authorship fixed in a tangible form.
• Patents — Including novel inventions or improvements to an existing inventions (a machine, formula or process for making something).
• Trademarks — Identifiers used to communicate the source and quality of a product or service.
• Trade Secrets — Business or technical information considered confidential.

Trademark definition

Trademarks can be colours (Lilac of Milka chocolate), sounds (20th Century Fox Fanfare), scents, words, names, symbols, slogans, tag lines, characters, designs, product configuration (Coca-Cola bottle) or trade dress. Among the main issues taking into consideration in registering and protecting a trademark are distinctiveness from other trademarks and secondary meaning.

Why are trademarks important?

On the market, trademarks are equal to reputation. They are used to associate, recognize and remember products and services of the same provider. Marketers are counting on trademarks to establish good will with the consumer and determine repeated purchase based mainly on the name or source of the products. Trademarks are also used to differentiate one manufacturer from the others and help merchants stand out from the crowd.

What is the difference between a trademark and a service mark?

The distinction between trademark and service mark is not very clear and trademark definition is usually used instead of service mark, which refers to sale or advertising of services (e.g., restaurant services, banking services, etc.).

What is the difference between a trademark and a trade name?

The trade name refers to the name of the company or business, while a trademark identifies the source of products and services. They are often used interchangeably as both a trademark and a trade name, depending on the context of use.

What is the difference between the symbols ™ and ®?

You can use the ™ without any formal filling to inform the public that you are claiming trademark rights. You can use the ® symbol only if the trademark is federally registered.

How do I establish trademark rights?

Use the trademark as much as you can. In the U.S. you earn certain rights and protection without having to register a trademark.

What kind of rights do I have if I use my trademark without a federal trademark registration?

Using the trademark without federal trademark registration gives you common law rights with the level of protection depending on the jurisdiction involved. Remedies are in this case determined from interpretation of relevant case law(s).

What trademark protection do I get under common law rights?

One of the limitations of trademark protection under common law rights is the geographical coverage. Under the common law rights, your trademark rights may only cover the geographic area in which you are using the trademark.

In this case, problems may occur when your territory overlaps with the territory of another common law owner, with a similar trademark on similar products or services. Generally, the period of time for which every owner has used the trademark is taken into consideration and the owner first to use the trademark in the contested market, wins. But for each case facts and circumstances are examined and exception may occur.