OSE Trademarks: Difference between revisions
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=Overview= | |||
A '''trademark''', '''trade mark''', or '''trade-mark''' is a distinctive sign or indicator used by an individual, business organizations, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities. | A '''trademark''', '''trade mark''', or '''trade-mark''' is a distinctive sign or indicator used by an individual, business organizations, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities. | ||
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The owner of a trademark may initiate lawsuit|legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks. | The owner of a trademark may initiate lawsuit|legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks. | ||
=Registration Process= | |||
#Search the [http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4003:2j04bs.1.1 Trademark Electronic Search System] (TESS) of the United States Patent and Trademarks Office to determine if the good or service is already trademarked. | |||
#Apply using the [http://www.uspto.gov/teas/teasplus.htm Trademark Electronic Application System] (TEAS). Registration must happen with respect to a specific class of use, and the fee is $325 per class. | |||
Revision as of 14:20, 28 August 2012
Overview
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organizations, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.
A trademark may be designated by the following symbols:
- ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
- ℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
- ® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
The owner of a trademark may initiate lawsuit|legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.
Registration Process
- Search the Trademark Electronic Search System (TESS) of the United States Patent and Trademarks Office to determine if the good or service is already trademarked.
- Apply using the Trademark Electronic Application System (TEAS). Registration must happen with respect to a specific class of use, and the fee is $325 per class.