Introduction
The purpose of this trademark education section is to familiarize you with the basics of trademark law.
This is in no way a complete resource, but simply a guide to succinctly convey:
- What Creates Trademark Rights
- How to Select a Trademark
- The Process of U.S. Trademark Registration
- Example Rights and Causes of Action bestowed with a Valid Trademark; and
- Finally, Example Defenses to Valid Trademarks
There are many books, handouts, guides, etc. that provide a more complete lesson in trademark law.
For attorneys, there are, of course, continuing education classes or the fellow practitioner to help guide the way.
For the non-attorney, there is always law school, though that is a fairly expensive route to learning more about trademarks..
Obtaining Trademark Protection
Stating it overly simply, there are two primary requirements for obtaining trademark protection:
With the use of a distinctive trademark, you, of course subject to exceptions, could obtain federal trademark registration or
simply have common law trademark rights.
Trademarks Defined
A trademark is a word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs, that identifies and distinguishes the source of the good of one
party from those of others. Thus, a trademark is essentially a brand name.
A service mark is the same as a trademark, except that it identifies and
distinguishes the source of a service rather than a product. Often, trademark is used to refer to both
trademark and service marks. Your company or product might qualify for both a service and trademark. Also,
the exact classification of your mark may be difficult. By using Stricker & Trunck LLP you
will be assured that an experienced attorney, not some document services, will navigate this difficult process.
The primary purpose and original intention of trademark law
was to protect consumers. By having trademark protection a company or individual can establish their brand
and reputation.
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