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| IT and IP Law |
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| Trademarks |
 Trademarks come into play in connection
with marketing issues. What do you call your product or service? Will
customers readily recognize the brand and distinguish it from competing
products? In this sense, a trademark identifies the source of goods or
services. Trademark rights can exist not only in a word or logo, but also
a slogan, a package design or even the overall impression of a store design,
as in a franchise system.
In the U.S. , trademark protection arises simply from the commercial use
of a trademark, provided that the mark does not infringe on the preexisting
trademark rights of another person and provided that it meets certain other
criteria, such as not being merely descriptive. Registration of a trademark
at the Federal Patent and Trademark Office gives the trademark owner certain
advantages, including the fact that registration puts the world on notice
of the owner's rights. A person who is using a trademark that is not registered
may notify the public that such person claims rights in the mark by placing
the designation “™” (the letters “TM”, for
trademark”) alongside the mark. A mark that is used in conjunction
with services rather than goods is called a “service mark”.
For service marks, either the “TM” or “SM” designation
will serve the same purpose equally well. Once the mark is registered,
the owner may place the designation “®” (the letter “R” in
a circle) beside the mark.
Federal trademark registration lasts for ten years as long as the proper
interim filings are made. Registration may be renewed indefinitely, as
long as the owner can prove continued use of the trademark in interstate
or international commerce. |
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