Registering a Trademark
There are three types of intellectual property: trademarks, patents, and copyrights. A patent is a property right granted to an inventor relating to an invention. A copyright protects works of authorship, such as writings, music, and works of art. A trademark protect words, names, symbols, colors and even sounds that distinguish your goods and services from those of others. Unlike patents, trademarks can be renewed forever as long as they are being used in commerce.
When deciding whether to register a trademark, you must first determine whether anyone is already claiming trademark rights in a particular mark. If you want to use “Bob’s Luggage,” be sure no one is using that mark (or a similar mark that could cause, in the trademark examining attorney’s eyes, a “likelihood of confusion” as to the owner of the mark).
If Bob’s Luggage is available, the registration process requires a description of the goods and/or service (hand-crafted luggage) and a representation of the mark. The representation can be without design (just the name “Bob’s Luggage”) or stylized (your logo, such as a person carrying a piece of luggage onto a plane). The standard character format (no design) provides broader protection but does not specifically protect the stylized design.
If your mark is successfully registered, you may then use the ® symbol following the mark. While federal regulations do not govern the use of the designations “TM” or “SM,” it is often common for marks to use these designations before the application is filed.
Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark. The owner receives exclusive nationwide ownership of the mark, and registering the mark provides conclusive evidence regarding the validity of the mark and of the registrant’s exclusive right to use the mark.
About the author: Peter Stavropoulos is a business attorney whose practice emphasizes the representation of individuals and small to medium businesses, counseling clients on matters ranging from entity formation, employer/employee relations, contract draft and review, and civil litigation. To learn more, please visit www.petestavlaw.com or send an email to peter@petestavlaw.com.
