Difference between revisions of "Trademark"
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| − | 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. | + | '''Trademark''' (symbolized by "<sup>TM</sup>") 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: |
* constructive notice to the public of the claim of ownership of the mark; | * constructive notice to the public of the claim of ownership of the mark; | ||
Revision as of 23:24, November 3, 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.