Trademarks
Federal Trademarks and Service Marks:
Generally speaking, a trademark is a symbol, word or
combination thereof that serves to identify the source or origin of
the particular goods. Similarly, a service mark is a symbol, word
or combination thereof that serves to identify the source or origin
of the particular services.
Perhaps the two most frequent reasons federal trademark
applications are rejected are if applicant’s mark is merely
descriptive or generic, or if the applicant’s mark is confusingly
similar to an existing mark. Knowing these potential pitfalls in
advance can help to steer the trademark owner to select a mark
having a greater chance of being registerable and usable.
A trademark search can be useful in trying to predict whether an
Examiner at the United States Patent and Trademark Office (the
“USPTO”) will assert that an applicant’s mark is confusingly
similar to an existing mark. The USPTO web site, www.uspto.
gov, has a publicly available database that allows a preliminary
search. I say preliminary, because, if large advertising
expenses and marketing effort are anticipated in connection
with a particular mark, then it may be recommended that a
person authorize a private trademark search that is more
extensive that a search performed at the USPTO web site.
If and when a mark is allowed and the registration granted, the
owner is entitled to use the symbol “®” adjacent the mark.
| Cover of a United States Certificate of Trademark Registration |
| Cover of a United States Certificate of Trademark Registration |
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