Business Owner's Manual

Trademarks

Trademarks identify and distinguish the source of goods from those sold or manufactured by others. Service marks are essentially the same except that they identify and distinguish the source of a service rather than a product.

A trademark can be a word, phrase, symbol or design, or combination of words, phrases, symbols or designs. Rights to a trademark derive either from:

a.)  the actual use of the mark, or

b.)  the filing of an application to register with the United States Patent and Trademark Office stating bona fide intention to use the mark in commerce.

Unlike patents or copyrights, trademark rights can last indefinitely as long as the mark is being used to identify specific goods or services. Initial registration lasts 10 years and renewal is possible every ten years thereafter. A specific affidavit must be filed only once between the 5th and 6th year after the initial registration in order to keep the registration alive.

While it is not necessary or obligatory to register a trademark, there are several advantages and benefits that make registration a good idea:

• Nationwide notice of the trademark's owner claim
• Evidence of ownership of the trademark
• Jurisdiction of federal courts may be invoked
  Registration can be used as a basis for obtaining registration in foreign countries

Registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods. Searching to determine that no one else is using a specific mark in any particular areas of the economy can be done through CASSIS, a database that includes all registered and pending trademarks. CASSIS is available at U.S. Patent and Trademark depository libraries; at the Science, Industry, and Business Library (SIBL); or directly through the United States Patent and Trademark Office. Information about forms, application fees, and electronic filing can also be found at the USPTO Web site.