Trademark Information
A trademark is a legal form of intellectual property that is immediately associated with a particular brand or company by consumers. For example, Nike has trademarked the "swoosh" on its sports shoes and Starbucks has trademarked its brand of coffee. The U.S. Commerce Department says since the first trademark was registered in 1870, nearly one million are being used today.
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Function
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David A. Burge, in his book "Patent and Trademark Tactics and Practice" says trademarks exist so consumers will immediately know the source of the products they buy. For example, when consumers see a trademark such as McDonald's golden arches they know what company produced their happy meal. A registered trademark gives its owners the exclusive right to use the mark and legally stop another company from using a similar name or symbol to confuse or deceive consumers.
Types
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A trademark can be any word, slogan, shape, symbol or even color associated with a product that distinguishes it from other similar goods. According to the Massachusetts Bar Association, the U.S. Court of Appeals has upheld trademark protection to other unusual intellectual property such as the "chimes" that were played along with the NBC Network's logo and the shape of a wine bottle made by Mogen David.
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Registration
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Business owners can register a trademark with the United States Patent and Trademark Office, abbreviated as the USPTO, which is part of the U.S. Department of Commerce. The USPTO's website lists all the forms and fees needed to apply for a trademark, which can all be done online and without the need for an attorney.
Name
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The USPTO's website also has a search function, so business owners can confirm if their proposed trademarked name or design is available before submitting their finalized application. The USPTO will not grant an application for any name, symbol or design already in use or similar to another trademark.
Application Review
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An examining attorney reviews the trademark application to make sure it complies with the law and includes all required fees. If the examining attorney approves the application, the trademark will be published in the USPTO's weekly newsletter the "Official Gazette." This public notice allows other business owners to challenge the new trademark if they feel it infringes on their brand.
Time Frame
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A company that creates and registers a trademark may claim it forever, as long as that company continues to legally use and protect it. According to the Trademark Office, the oldest trademark still in use is a graphic of a man and a lion, titled "Samson," for a rope company. It was registered on May 27, 1884.
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References
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