A trademark can be a word, name, symbol, device, or any combination thereof to identify and distinguish the goods of a manufacturer or merchant from goods manufactured or sold by others, and to indicate the source of the goods. A mark with these characteristics and functions used in connection with the rendering of services is called a service mark. Such marks, often referred to as "brand names" or "logos"; "slogans" are also widely used as marks.

Many owners of marks use the TM (for trademark) or SM (for service mark) symbols, as appropriate, in connection with their marks to indicate their claims of ownership. Mark owners may use the ® (R symbol) only if they have been issued federal registrations from the U.S. Patent and Trademark Office. While owners of marks may acquire rights in their marks under the "common law," they often seek to register their marks because of the procedural and legal advantages obtained through federal registration.

To register a mark in actual use in commerce, the mark owner must file a written, signed application containing specific factual information, such as the date the mark was first used in commerce and the goods or services in connection with which the mark is used, and also containing certain specific statements or "averments" concerning the use and ownership of the mark. The written application must be accompanied by a separate sheet with a "drawing" of the mark (e.g., a typewritten representation of a word mark or an actual black and white "pen and ink" representation of a design mark or logo), and by three "specimens" evidencing the method of use of the mark (e.g., labels, hang tags or packaging bearing the mark). The application fee is $335 per class of goods or services.

If a mark is not yet in use, but is intended to be used in commerce, the person claiming to be "entitled" to use it in commerce may apply to register the mark by filing an appropriate written, signed application containing, among other statements, an assertion regarding the "bona fide intent to use the mark in commerce." The "intent to use" applicant would also have to file a separate drawing sheet, but would not be required to file specimens of use. The "intent to use" applicant could not obtain a registration until after actual use of the mark in commerce had begun, and evidence of such use, including specimens was filed. The application fee is $335 per class of goods or services. An additional fee of $100 per class would be due upon the filing of evidence of use.

Each application is "examined" by an attorney in the Patent and Trademark Office's Trademark Examining Operation for compliance with applicable technical requirements and to determine whether the mark is "registrable" under the terms of the federal trademark statute. A key element of examination involves a search of the register of marks to ensure that no identical or confusingly similar marks were previously registered. If the application is in acceptable form and the mark is deemed registrable, then the mark is published in the Official Gazette of the Patent and Trademark Office.

For 30 days following publication of the mark, any interested party may step forward and "oppose" issuance of a registration. If no opposition is filed, then a registration certificate is issued, unless the mark was the subject of an "intent to use" application. In the latter case, a "notice of allowance" for registration would be issued; the registration certificate would not issue until after acceptable evidence of actual use was filed.

The registration procedure takes approximately 13 months for applications based on actual "use in commerce." Each registration must be "maintained" through the filing of an appropriate "affidavit of continued use" between five and six years after the certificate issues. The registration term is ten years and may be renewed for consecutive ten year terms so long as the mark remains in use.

To access "Basic Facts About Trademarks" online, see <www.uspto.gov/web/offices/tac/doc/basic/>. To receive a complimentary copy, call the Trademark Assistance Center at (800) 786-9199 or (703) 308-4357. For further information write to: General Information Services Division, U.S. Patent and Trademark Office, Crystal Plaza 3, Room 2C02, Washington, D.C. 20231.

COPYRIGHTS
Copyrights are protection from copying for literary, dramatic, musical and artistic works. Copyrights are registered in the Copyright Office in the Library of Congress, and are not handled by the Patent and Trademark Office. Information concerning copyrights may be obtained from the Library of Congress, U.S. Copyright Office, 101 Independence Ave., S.E., Washington, D.C. 20559. Telephone (202) 707-3000.

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Last Update: June 26, 2006
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