However, you do not need to register a trademark to own the rights to the trademark. You may establish rights in a trademark based on your legal use of the trademark in a professional or commercial environment. Lawdistrict.com offers several templates of legal documents for different needs. If you answer a series of questions via our online document editor, you can easily fill out and receive your individual legal document. Please note that we are not a law firm and therefore cannot provide formal legal advice. If you need additional legal assistance, we recommend that you contact a lawyer or law firm that specializes in the case. Our private services are provided for a fee that does not include lawyer, lawyer, notary or registrar fees. The user assumes sole responsibility for the use of the legal documents provided. By paying for and using our private services, you confirm that you are aware of the above statements.
Injunction/Email – A letter/email in which, in exercising its legal rights, a party requests or requests the party receiving the letter/email to take certain actions or cease certain activities. These letters/emails are sometimes referred to as demand letters/emails. A trademark owner may send an injunction and forbearance letter/email to another party claiming the owner`s trademark rights and requesting the party to take certain steps, such as ceasing to use the allegedly infringing trademark, in order to avoid infringement proceedings. Once an application for registration has been approved by an examiner, it is published in the Official Gazette of the Patent Office for opposition. See, e.g., 15 U.S.C. § 1062; 37 C.F.R. § 2.80. An opposition may be filed by any person who considers that he would be harmed by the registration of a mark, including damage caused by dilution. See, e.g., 15 U.S.C. § 1063; 37 C.F.R. §§ 2.101 – 2.106. An opposing party must assert and prove that: (1) it could be harmed by the registration of the applicant`s trademark; and (2) there are valid legal bases explaining why the applicant is not entitled to register the claimed mark.
If the registration is not successfully challenged, a trademark entitled to registration is registered in the PTO, a certificate of registration is issued and the notice of registration is published in the Official Gazette of the PTO. See 15 U.S.C. § 1063. For more trademark definitions, see the Intellectual Property Glossary in the FindLaw Legal Dictionary. Basically, a trademark is a unique symbol or one or more words that can be used to represent the intellectual property of the trademark. Once the trademark is registered, no other entity, person or organization may use the registered words, symbols or products during their use without proper permission and consent. Service of Demand – In litigation, the presentation of a subpoena and complaint or other formal legal documents to the defendant. In general, trademarks are best suited to protect visual elements or expressions that relate to a business. Copyright is best used for works of art and other creative works, while patents protect industrial and industrial creations such as machines and inventions. Each brand is valid for 10 years. After this period, it must be extended by 10 years.
However, if the proper renewal process is followed, it can be used permanently and without time constraints. This article explains what trademarks are, what they can do for business owners and product suppliers, and how they can protect a company`s identity from abuse. We also look at how it is possible to protect a phrase/logo/name to prevent intellectual property infringement. These third-party websites provide access to legal resources, legal assistance and legal information such as business, laws and regulations. Whenever you claim rights in a trademark, you can use the designation “TM” (trademark) or “SM” (service mark) to inform the public of your claim, whether or not you have filed an application for registration of the mark. However, you can only use the federal registration symbol “” ® after the U.S. Patent and Trademark Office has actually registered a trademark, not while an application is pending. In addition, you may only use the registration symbol with the trademark on or in connection with the goods and/or services listed in the federal trademark registration. A trademark can be used to cover many of the elements used to identify a business and its results. These include: A trademark is a word, name, symbol or design, or combination thereof, used in trade to identify and distinguish the goods of one manufacturer or seller from those of another manufacturer and to indicate the origin of the goods. See 15 U.S.C. § 1127.
Trademarks are important tools for businesses and businesses to protect their intellectual property. By claiming a trademark or logo, or registering an official trademark with the U.S. Patent and Trademark Office (USPTO), companies can protect their image and reputation safely and legally. In order to obtain a trademark, the necessary paper and registration fees must be kept up to date, as well as the use of the trademark on the product or item, otherwise it will lapse. Many famous brands are instantly recognizable, such as the Starbucks mermaid, the Coca-Cola wave or McDonald`s slogan “I`m lovin` it”. If you are a resident of the United States and want to register a trademark, it is not mandatory to hire an attorney. Nevertheless, it is highly recommended that you hire a legal expert who is knowledgeable about trademark law to help you complete your registration correctly. For a trademark to be entered in the Trademark Register, the trademark must be a sign that can be represented graphically (so that it can be entered in the Register) and that is capable of distinguishing the goods or services of the applicant from those of other undertakings (undertakings).
A sign may consist of words (including personal names), letters, patterns (and combinations thereof), the shape of the goods (three-dimensional mark), in principle colours or combinations of colours and anything that can be represented graphically. For example, a musical notation is sufficient for the graphic representation of sounds (sound mark), but a chemical formula for a taste or smell is not. In the absence of absolute or relative grounds for refusal, a mark shall be registered for the class of goods and/or services requested by the applicant. Master Registry – USPTO Trademark Registry that distinguishes an owner`s goods or services, making the registered trademark eligible for benefits, including a legal presumption of trademark ownership and the exclusive right to use the trademark nationwide on or in connection with the goods and/or services for which the trademark is registered. Note that after 5-6 years after the first use of the mark, the USPTO requires the owner of registered intellectual property (marked with the symbol) to register an affidavit stating that the ® mark is still in use. If this does not happen, the registration may be cancelled. Intellectual property – creations of the mind, such as a creative work, invention or distinctive element of the source of a product, which may be protected by certain intangible property rights. Four common types of intellectual property are patents, trademarks, copyrights and trade secrets. A trademark is an image, logo, group of words or combination of these elements used to distinguish one manufacturer`s product from another.