Trademark Law

There are several rules and regulations that must be adhered to when applying for a trademark. Here are several things to know about obtaining a trademark:

• To be eligible for a trademark, a mark must satisfy two requirements: (1) it must be used for commerce; and (2) it must be distinctive.
• A mark cannot be the same as or confusingly similar in appearance, sound or meaning to another mark for the same or similar product or service.
• A mark which is descriptive of the product, is identified with a geographic location or is a person’s name may be limited in protective scope and registration availability.
• The first to use a mark in a particular geographic area has the exclusive right to the mark as against anyone who subsequently attempts to use the mark within that geographic area. However, registering a mark with the United States Patent and Trademark Office extends the right to the mark throughout the entire United States regardless of usage in all areas.
• When filing a trademark registration application, you will either file an intent to use application if the mark is not yet being used or an actual use application if the mark is currently in use. If you file an intent to use mark, you must use the mark within a specified time frame and will have to file a statement of use when you actually do use the mark.
• A comprehensive state, federal, and common law trademark search should be completed when you apply for a trademark.