Trademarks can be a word, phrase, symbol or design that identifies and distinguishes the source of a product or service. A trademark source can be a business, a company, a brand, a manufacturer, an organization or the name of a particular individual. Trademarks are usually designated by symbols such as " ", " ? ", " ".
The purpose of a trademark is to protect the illegal or unauthorized use of a particular logo or name. Individuals that choose to register their trademark should realize that the legal aspects of these identifying marks can be organized into 10 basic elements of trademark law. Each of these laws is not arranged in any particular order but they are listed to show the basic legal aspects of registering and using a trademark within the United States.
The first element of trademark law has to do with filling out an application and sending it in to the USPTO for registration. Trademarks do not have to be registered but an owner might lose some rights with protecting a product or service name or logo. So, it is strongly recommended that people register their trademark names and logos in order to enjoy the full benefits of the law.
Companies, businesses and individuals can use the " " or the " ? " symbols to inform the general public that they have ownership of a particular mark. These two particular marks can be used by anyone without registering with the United States Patent and Trademark Office (USPTO). The only way that anyone can use the symbol " " is for a product or service is when it has been filed with the trademark office. The " " symbol proves that a trademark was registered by the USPTO.
The second thing that a person must understand about trademark law is to make sure that they have their logo or identifying mark presented within the application when they register. The USPTO must have a copy of the trademark logo on file with the Official Gazette and they will also print the mark on a registration certificate. Trademarks are usually registered within a year or up to a several years.
The third element of trademark law has to do with determining if a mark will be categorized under "use in commerce" or "intent to use" and these designations is called the statement of use. The term "use in commerce" means that the trademark is currently used in business at the time of application filing and the term "intent to use" means that the trademark will be used in the future.
Trademark attorneys typically do not file similar trademarks and they will usually give preference to a particular trademark that was received first. They will disregard any similar trademark logo or name that comes afterwards. A six month filing period is given for the statement of use.
The fourth aspect of trademark law has to do with maintaining registration. Registrations must be maintained starting six years after the initial registration date and then every 10 years.
The fifth element of trademark law is to understand that US registered trademarks are only good within the United States.
A sixth point to trademark law has to do with filing a claim which cannot be done unless a licensed practicing attorney who is in good standing carries out the procedure.
The seventh component of trademark law is recognizing that basic trademark information will be made available to the public.
The eighth point of having a legal trademark has to do with interstate commerce and the validity of a trademark when it is used in another state other than the one where the mark is registered.
The ninth point of trademark law has to do with transferring ownership of a name or logo to another party.
The tenth and last element that could be used for trademark law has to do with the death of a trademark owner and who is able to become the beneficiary of a particular registered mark. This is a complex legal matter that must be resolved in a court of law because there are too many variables involved with this type of situation to generalize how it should be treated.
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Source: http://hklittleblog.blogspot.com/2013/01/10-basic-elements-of-trademark-law-law_17.html
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Source: http://vickikowal4.posterous.com/account-expert-10-basic-elements-of-trademark
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