Trademark Basics | BauerGriffith, LLC - A boutique law firm focusing ...

I have often been asked whether it is necessary for a client to register its proprietary marks.

There is no requirement that a mark be registered,??however federal registration has several advantages. ?These include notice to the public of your claim of ownership of the mark, a legal presumption of nationwide ownership, and the exclusive right to use the mark on or in connection with the goods or services stated in the registration.

So let?s look at some of the basics. ?What exactly is a trademark? ?It is a word, phrase, symbol or design that identifies and distinguishes your goods from those of others. ?A service mark is a word, phrase, symbol or design that identifies and distinguishes the source of a service rather than goods. ?In practice, however,??the word trademark is often used to refer to both trademarks and service marks.

Before starting the application process with the United States Patent and Trademark Office,?you must clearly define the mark you want to register, the goods or services in connection with which you want to register the mark, and whether the application will be based on actual use of an existing mark or the bona fide intention to use the mark in commerce in the future. ?Another important component is the depiction of your mark; the application must include a clear representation of the mark you want registered. ?In addition, after choosing the mark, you must be able to clearly and precisely identify the goods or services to which it will apply.

Note that the USPTO does not police the use of registered marks, so if you receive registration of your mark you are responsible for monitoring the use by others and enforcing your rights. ?While the USPTO tries to ensure that no identical or similar mark is registered as applied to related goods or services, it is your responsibility to bring any legal action to stop another from using an infringing mark.

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