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A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
Federal registration establishes a legal presumption of ownership and exclusive rights to use the mark. The registration certificate can serve as evidence of ownership in legal proceedings. [10] A U.S. trademark registration can be a basis for filing for trademark protection in other countries. [10]
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
If approved, the trademarks are registered on either the Principal Register or the Supplemental Register, depending upon whether the mark meets the appropriate distinctiveness criteria. This federal system governs goods and services distributed via interstate commerce, and operates alongside state level trademark registration systems. [81] [82 ...
Use of the Nice Classification by national offices has the advantage that trademark applications are coordinated with reference to a single classification system. Filing is thereby greatly simplified, as the goods and services to which a given mark applies will be classified the same in all countries that have adopted the system.
The proper manner to display these symbols is immediately following the mark; the symbol is commonly in superscript style, but that is not legally required. In many jurisdictions, only registered trademarks confer easily defended legal rights. [3] In the US, the registered trademark symbol was originally introduced in the Trademark Act of 1946.
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