A trademark (or brand name or logo) is a word, name, symbol, design, combination of word and design or slogan used by a manufacturer or merchant to identify its goods or services and distinguish them from those manufactured or sold by others. When it is used for services, it can be called a service mark.
Trademark Rights
Trademark rights come from using the mark, and marks are protected under common law from the time they are first used. While there is no requirement to do so, owners of marks who have used them or have a bona fide intention to use them in Federally regulated commerce may register them with the U.S. Patent and Trademark Office. This provides the owners with certain procedural and legal advantages. For intent-to-use applications, actual use of the mark in commerce is a prerequisite to the ultimate issuance of a registration.
Use of the Trademark Symbol
Many trademark owners use a TM (trademark) or SM (service mark) symbol with their mark to indicate that they are claiming rights in it. The R in a circle symbol may only be used if the U.S. Patent and Trademark Office issued a Federal registration. To register a mark, the owner must file an application consisting of a written statement in which the owner indicates among other things the goods or services in connection with which the mark is used and the date of first use of the mark in commerce; a drawing of the mark; five specimens showing the mark as it is actually used (labels, tags, packaging, etc.) and the required filing fee of $245 per class.
Trademark Registration
Each trademark registration application is reviewed by an examining attorney to determine if the mark is eligible for registration and is compared with other marks to determine if it is likely to cause confusion with those already registered. If a proposed mark passes the examination, it is then published in the Official Gazette of the Patent and Trademark Office. Those who believe they will be damaged by registration of the mark then have an opportunity to oppose registration. If no opposition is filed, a registration certificate is issued or a notice of allowance is issued to the applicant in an intent-to-use application. Within six months after the issuance of the notice of allowance, the applicant must file specimens evidencing use of the mark in commerce, a fee must be paid and a verified statement that the mark is in use in commerce before a registration certificate is issued. The registration may be renewed every ten years as long as the registrant is still using the mark.
