Trademarks A trademark relates to words, names, symbols or devices used in trade with goods or services to indicate the source

or origin of the goods or services and to distinguish them from the goods or services of others. The trademark owner can be an individual, business organization, or any legal entity. Trademarks are used to claim exclusive properties of products or services. Terms such as "mark", "brand" and "logo" are sometimes used interchangeably with "trademark".

Examples are McDonald's golden arches, the NBC chimes, and KLEENEX tissues. Benefits of a Registered Trademark It provides notice to everyone that you have exclusive rights to the use of the mark throughout the territorial limits of the United States. It entitles you to sue in federal court for trademark infringement, which can result in recovery of profits, damages and costs o Trademark infringement, a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or licensees It establishes incontestable (that cannot be called in question) rights regarding the commercial use of the mark. It establishes the right to deposit registration with customs to prevent importation of goods with a similar mark It entitles you to use the notice of registration It provides a basis for filing trademark application in foreign countries.

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Registering the Trademark The PTO (Patent and Trademark Office) is responsible for the federal registration of trademarks. To file an application, the entrepreneur must complete a simple form that can be downloaded from the PTO website. Filing of the trademark registration must meet the following requirement: 1. completion of the written form 2. a drawing of the mark

3.five specimens showing actual use of the mark 4. the fee

Each trademark must be applied for separately. Upon receipt of this information, the PTO assigns a serial number to the application and sends a filing receipt to the applicant. The next step in the registering process is a determination by the examining attorney at the PTO as to whether the mark is suitable for registration. Within about three months, an initial determination is made as to its suitability. Any objections by the entrepreneur must be raised within six months or the application is considered abandoned. If the trademark is refused, the entrepreneur still has the right to appeal to the PTO. Once accepted, the trademark is published in the Trademark Official Gazette to allow any party to 30 days to oppose or request an extension to oppose.

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