What is
a Trademark or Service Mark?
-
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 goods of one
party from those of others.
-
A service mark is the
same as a trademark, except that it identifies and distinguishes the source
of a service rather than a product. Throughout this booklet, the terms
"trademark" and "mark" refer to both trademarks and service marks.
Do
Trademarks and Copyrights protect the same things?
No. Trademarks and copyrights differ. A copyright
protects "original works of authorship," including literary, dramatic, musical,
artistic, and certain other intellectual works.
Why
should I register my Mark?
Owning a federal trademark registration on the Principal Register
provides several advantages, e.g.,
-
Constructive notice to
the public of the registrant's claim of ownership of the mark
-
A legal presumption of
the registrant's ownership of the mark and the registrant's exclusive right
to use the mark nationwide on or in connection with the goods and/or
services listed in the registration
-
The ability to bring
an action concerning the mark in federal court
-
The use of the U.S
registration as a basis to obtain registration in foreign countries
-
The ability to file
the U.S. registration with the U.S. Customs Service to prevent importation
of infringing foreign goods.
|