| Intro | Key issues | Infringement | Technologies | Practices |
>> Trademark ownership rights |
||||
| In the U.S., trademark
ownership rights arise out of the initial use of the mark for some type of federally
regulated commerce, or through registering the mark with the Patent and Trademark Office
(PTO). Owners of trademarks are entitled to exclusive use of that mark within a particular
market as long as the mark is used continuously. Anyone who claims either state or common-law rights to a mark may use the "TM" or "SM" symbols. But federal registration, where available, offers the broadest possible protection for a trademark, including: national protection in interstate commerce; much broader monetary remedies against infringement; recovery of attorney fees for lawsuits; incontestable status after five years of continued use; federal jurisdiction; and the right to use the federal registration symbol ®. Federally registered trademarks are administered through the U.S. Patent and Trademark Office. To be eligible for federal registration, a mark must meet various standards. For example, it cannot be confusingly similar to an existing mark; merely descriptive (e.g. "soda"); immoral (giving offense to the conscience or moral feelings of the community); or misleading.
|
||||
<<Back |
||||