Trademark
Sellers often use devices to identify and distinguish their goods or services from those of others so that consumers can distinguish the services and goods of one manufacturer or provider from another. These devices may be graphic symbols, words, or names but may also include packaging, product shape, and even building appearance. Commonly referred to as trademarks, the devices make up four types of marks recognized under federal law:
- Trademark–identifies goods;
- Service mark–identifies services;
- Certification mark–indicates goods or services of a party meeting certain standards or a certain type of manufacture or operation;
- Collective mark–identifies an organization or association and may be used by its members.
Marks become valuable property and protection is as important to a sole proprietorship as it is to an international conglomerate.
While an application for federal mark registration may be made by anyone, the process is involved and the rules complex. If a mark is not fully researched or the application is not properly made the registration may be refused, challenged by others with similar marks, or the mark may not be protected in the event of a dispute with another mark holder. Also, a registered mark must be properly displayed so that its legal validity can be enforced. Mark registrations endure for ten years, although they may be renewed.
Let the experience of the Law Office of David MacTavish answer your mark questions and handle your application and document filings with the Trademark Office.
The information you obtain at this site or by e-mail is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.
Copyright 2008 David MacTavish
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