About Trademark Registration

A trademark is considered a distinctive sign or name or even symbol that allows consumers to identify a product or service. The trademark is an effective means of creating brand association between the consumer and the manufacturer of the product. To be protected, trademarks must be registered with the U.S. Patent and Trademark Office.

Significance

The registration of a trademark is one of the most important steps a company or inventor can take to differentiate their product from other, similar products. The trademarked lion's roar that opens MGM movies is an example of how even an event can be trademarked. This trademarked image makes an MGM movie instantly recognizable.

Function

Registering a trademark restricts the use of that trademark to the holder. Holding the trademark in turn provides an opportunity to develop that product to further distinguish it from similar items. Anyone who has registered a trademark now has the ability to file suit against anyone else who may infringe on it. Trademark infringement can be defined as any unauthorized use of any aspect of the trademark's registration. Registering a trademark does not automatically provide protection against infringement in other countries.

Considerations

The process of registering a trademark involves enclosing a facsimile along with a filing fee and an application that is sent to the U.S. Patent and Trademark Office. An officer with this agency reviews the application and determines whether or not the trademark is distinctive compared to any existing trademarks. If approved, the trademark then gets published by notice with the U.S. Patent and Trademark Official Gazette. If after 180 days no one has raised any objection of trademark infringement, a certificate is issued.

Identification

The trademark identifies a product specifically, therefore trademarks with generic claims are not allowed. For instance, new anti-itch cream could not be trademarked under the name Anti-Itch Cream. The cream could not be trademarked as Pure Aloe Anti-Itch Cream unless it was made from pure aloe. The identification of a trademark cannot contain any claims about the product that are false or misleading.

Time Frame

In order to protect a registered trademark, it must be used. If the trademark is not consistently displayed and used and another entity wants to use, it they may file suit to adopt or even register the existing trademark themselves. The holder of a registered trademark retains the right to sell the trademark. The holder also has the right to license the trademark to another party.

Potential

If a person does manage to successfully sue a person for copyright infringement, a court can issue an injunction against the party that conducted the infringing for the purpose of halting its use of the trademark. An infringement suit can also result in damages in the form of monetary compensation to the trademark holder. Typically in a case of trademark infringement, the damages are awarded based on the revenue or consumer goodwill that was lost as a result of the infringement.

Misconceptions

A trademark is not the same as a patent or copyright. the U.S. Patent Office defines a trademark as "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." By contrast, a copyright offers protection against infringement to an original work of art. A patent can only be registered for an invention, although it is possible to create a trademark for a patented invention.