Trademarks

What is a Trademark?

A trademark is anything that could cause an association, in the mind of a consumer, with a source of a product, good, or services. For Example, a trademark may be any of the following, provided that the "mark" causes an association, in the mind of a consumer, with a source of a product, good, or service: 1. Words 2. Letters/Font 3. Symbols/Design/Trade Dress (packaging/appearance, for example) 4. Slogans 5. Architectural Designs 6. Sounds/Songs/Jingles 6. Smells/Scents Clearly, the definition is VERY broad, but the statute makes only a few narrow exceptions: a. Cannot claim protection in the American Flag itself, or any coat-of-arms, insignia or symbol of the United States. b. Cannot claim protection in any mark that is offensive, immoral, or disparaging.

Aside:   With specific regard to  exception (b) set forth above, note that the Washington Redskins mark was canceled from the roll of registered marks because the word "Redskin"  was found to be the equivalent of a racial slur, and was denigrating and offensive, especially to Native Americans  See, Pro Football vs. Harjo, 57 U.S.P.Q.2d 1140 (DDC 2000).  Note that the striking of the 'Skins registered mark in 2000, however, did not require the football club to change its name.  Instead, the football club's mark would merely be disentitled to registration on the roll of registered marks.

How do I obtain a registered Trademark? Applications to register a trade mark are handled by the United States Patent & Trademark Office (USPTO).   In order to apply, one need only complete a relatively simple application, wherein the applicant should fully disclose the mark and the goods and/or services with which the mark will be associated.  Also, the application should also be accompanied by an application fee. The specific requirements of  an application may be found at the USPTO's official website:  www.uspto.gov.

How long does my Trademark Registration last? Trademarks have the possibility of enduring forever, provided that the mark retains its "trademark" character.  This involves an analysis as to whether the mark continues to indicate, to a reasonable consumer,   the source of the product or goods associated with the mark. In order to maintain the registration, the mark owner must periodically file papers with the Patent & Trademark Office to verify the continued use and character of the mark.