What is a Trademark?

What is a trademark and how does someone get a trademark? Trademarks are distinctive devices, symbols, logos, names, domain names, images, or words that are utilized in commercial trade to identify the source, manufacturer, or retailer of goods as opposed to goods from other entities.  In general, a trademark allows companies to brand, or single out, their product, service, or good from those of other companies. 

Trademark right, in turn, protect the rights of companies to use a given trademark exclusively.  The protection from trademark rights also will include similar marks as well.  Trademarks should not, however, be confused with patents or copyrights, which prevent reproduction or distribution of a similar product or good in some instances.  A trademark simply protects the rights of companies to an image, symbol, word, phrase, or device that would identify a given company and any product having the mark as one of that company. There can be an international trademark where something has a trademark China while also having an intellectual property India trademark as well.

Registering Trademarks

Individuals or companies interested in protecting their rights to a trademark may wish to register their trademark with the United States Patent and Trademark Office, which is helpful should a trademark infringement dispute arise.  Likewise, it is also possible to register trademarks at the state level as well.  It is important to note, however, that simply doing business under and legally using a trademark during commercial operations is sufficient in retaining the rights to the mark. 

By utilizing the universally recognized symbol of trademark, which is “TM”, individuals and businesses may lay claim to the trademark rights ascribed to a new trademark. However, should a dispute or trademark infringement litigation arise, the solidifying of rights to a trademark within a federal office is extremely beneficial and highly recommended by intellectual property attorneys.

Once the trademark has been registered with a the United States Patent and Trademark Office, however, these entities will want to replace the “TM” with the federal trademark registration symbol of “R”.  This can only be done after the United States Patent and Trademark Office officially approves a trademark, and likewise, the symbol may only be present on the products, goods, or services mentioned for use under the trademark in the federal trademark application for registration.   

Variations of Trademarks in the U.S.

Though trademark is a universally accepted term, there are significant variations in the types of trademarks that individuals or businesses may wish to register with the federal government, depending on the type of good, service, or product being commercialized under a given trademark. 

The various types of trademarks include:

• Trademark- A protected, distinct identifier of specific products or goods
• Service mark- A protected, distinct identifier of specific services, events, or occurrences
• Trade dress- A protected packaging style of a product that has become known for its distinctive packaging and company producing these items
• Collective mark- A mark that denotes an affiliation or membership within a specific group or organization, which oftentimes shows a relationship with a larger organization, association, or union
• Certification mark- A symbol, name, or title utilized by organizations or associations asserting, or vouching, for the good and services offered by another company, which generally intends to engender feelings of quality in products and services offered

 For information on your specific tradmark problem, contact an intellectual property lawyer in your area.