Most businesses adopt a trademark to indicate and publicize the source of its products and services. A trademark is an identifiable sign, symbol, design name or logo which distinguishes that particular business. Any entity using a trademark, or seeking trademark protection through federal registration, should be aware of what can be trademarked and the extent of trademark protection under the law. 

A trademark is not a copyright or patent. A copyright is another form of intellectual property that protects the creator’s exclusive right to use, display or copy original works of authorship. Although some trademarks can be copyrighted, a trademark with respect to designs or logos in commerce is used to identify the source of the good or service. For example, a trademark will generally be necessary to protect a slogan or short phrase; copyright law does not protect this kind of expression. In contrast, an image may receive protection if it is designed to be used to identify the business as the source. Similarly, a patent protects an actual invention or design. A trademark cannot be used to protect the invention itself.

You can claim the rights to a trademark simply by using the symbol. The use of the TM or SM symbols (trademarks for goods, service marks for services) is not regulated by any state or federal government. A business owner can adopt the TM symbol with any image or slogan it regards as its trademark. Thus, trademark rights are created as a consequence of the use of the trademark. The use of the trademark puts the public on notice that the owner is asserting rights to that particular symbol and simultaneously dissuades other parties from claiming ownership of a substantially similar mark for similar goods or services. In contrast, the circle-R symbol is reserved for trademarks that have been formally registered with the U.S. Patent and Trademark Office and are regulated by federal law. 

Use it or Lose it. To maintain the trademark rights that flow from its usage, the owner must ensure that the trademark remains in use and appears prominently and consistently on the goods and services it provides. If there are no products or services currently being sold and there is no intent to use the trademark in the near future to identify the company, then the mark cannot be protected as a trademark.

Any business that places a high value on developing an identity among its customer base would benefit from officially registering its trademark to establish a presumption of ownership. Shane Coons has the experience and skills to advise business owners on obtaining and defending their trademarks. Call him at 949-333-0900 or visit www.ShaneCoonsLaw.com to learn more about your intellectual property rights.