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What actually is a Trademark?
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A Trademark is a phrase, word, symbol, design, or combination thereof that distinguishes a certain good in the market place, and indicates the source of that good. A service mark is essentially the same exact thing as a trademark, however, it is used to identify the source of a service instead of a product. Loosely, the term ‘trademark’ is used to refer to both trademarks and service marks.
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What’s the point?
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The main purpose of trademark law, is to ensure that the design, words, and phrases that form a companies overall image do not overlap an existing trademark and confuse customers as to the source of a product.
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Yes, I’d like one of those
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Assuming that your new logo design does not infringe upon an existing trademark, your new logo design is a Trademark of your company or product. You don’t have to do anything to be granted this right. Your rights on the trademark are established once your have legitimately used the mark in the marketplace. However, your rights and abilities to control your trademark are severely limited if you choose not to register your mark in either the State or Federal level (more about this later).
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So, can I put a fancy TM, SM, or ® on my logo?
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Whenever you wish to claim your rights on a specific mark, you can use the trademark symbol (TM), or service mark symbol (SM) to alert the public to your claim on the design. You cannot, however use the ® symbol until after your trademark has been federally registered.
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What is the advantage in applying for a state or federal trademark?
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Owning a state wide or federal trademark registration will primarily provide you will the following advantages:
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- Viable and constructive notice will be given to the public about your claim to ownership in your logo design.
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- Legal belief of your exclusive right to use your logo within the state or the nation in connection with your goods.
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- Capacity to bring about legal action regarding your design in state or federal courts.
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State vs. Federal Trademarks
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State trademarks provide protection to your design on a local, or state level, and federal registration will provide protection to your logo on a national level. Federal trademarks supersede state trademarks. Thus, any federal trademark registration will overrule any state registration. However, unless you plan on using your logo in a national presence, achieving federal trademark may not be worth it. State trademarks can be obtained often for under $25. Federal trademarks, on the other hand, may cost over $350 to process.
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So who do I contact?
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USPTO, The United States Patent and Trademark Office, is responsible for reviewing federal trademark registration applicants. A good place to start is their website: http://www.uspto.gov/main/trademarks.htm. For state registration, follow this link to visit the website or view contact information for your local state trademark authority.
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