Trademarks

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09/05/2011

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Trademarks for your Business

What is a trademark or service mark?

• A trademark 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 party from those of others.
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

Do Trademarks, Copyrights and Patents protect the same things?

No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

Is registration of my mark required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

• constructive notice to the public of the registrant's claim of ownership of the mark;
• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• the ability to bring an action concerning the mark in federal court;
• the use of the U.S registration as a basis to obtain registration in foreign countries; and the ability to file the US registration with Customs Service to prevent importation of infringing foreign goods.

How can I search a trademark?

 Click here!   http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4009:crigi.1.1

 

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you 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.

Is there a form for filing my application?

Yes. Using the Trademark Electronic Application System (TEAS) available at http://www.uspto.gov/teas/index.html, you can file your application directly over the Internet. Features of electronic filing include:

• On-line Help. Hyper-links provide help sections for each of the application fields.
• Validation Function. Helps avoid the possible omission of important information.
• Immediate Reply. The USPTO immediately issues an initial filing receipt via e-mail containing the assigned application serial number and a summary of the submission.
• 24 Hour Availability. TEAS is available 24 hours a day, 7 days a week (except 11 p.m. Saturday to 6 a.m. Sunday), so receipt of a filing date is possible up until midnight EST.

If you do not have Internet access, you can access TEAS at any Patent and Trademark Depository Library (PTDL) throughout the United States. Many public libraries also provide Internet access.

Are there other ways to file besides the Internet?

Yes. While we greatly prefer that you file electronically using TEAS, you may either mail or hand deliver a paper application to the USPTO. You can call the USPTO's automated telephone line at (800) 786-9199 to obtain a printed form. You may NOT submit an application by fax. Our mailing address to file a new application is:

Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451

Applications delivered by hand or courier should be taken to: Trademark Assistance Center, James Madison Building - East Wing, Concourse Level, 600 Dulany Street, Alexandria, VA.

Must I hire an attorney?

No. However, if you prepare and submit your own application, you must comply with all requirements of the trademark statute and rules. If you choose to appoint an attorney to represent your interests before the USPTO, we will correspond only with your attorney. The USPTO cannot help you select an attorney.

What is the fee?

Call 1-800-PT0-9199 for up-to-date fee information.

 

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