Difference between revisions of "Trademark"
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(New page: Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one...) |
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| − | Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, | + | Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, used by a company to identify and distinguish the source of its goods from other company's goods. |
It is not required to register a trademark with the U.S. Patent and Trademark Office (US PTO), but registration with the "Principal Register" does provide several advantages: | It is not required to register a trademark with the U.S. Patent and Trademark Office (US PTO), but registration with the "Principal Register" does provide several advantages: | ||
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[http://www.uspto.gov/web/offices/tac/doc/basic/ USPTO information] | [http://www.uspto.gov/web/offices/tac/doc/basic/ USPTO information] | ||
| + | [[category:law]] | ||
Revision as of 23:58, July 8, 2007
Trademark (symbolized by "TM") is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, used by a company to identify and distinguish the source of its goods from other company's goods.
It is not required to register a trademark with the U.S. Patent and Trademark Office (US PTO), but registration with the "Principal Register" does provide several advantages:
- constructive notice to the public of the claim of ownership of the mark;
- a legal presumption of the registrant's ownership of the mark and exclusive right to the use the mark nationwide in connection with the goods and/or services listed in the registration;
- the ability to file a lawsuit in federal court to enforce the mark;
- the use of the registration with the USPTO to register in foreign countries; and
- the ability to file registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
One may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.