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A "trademark", which is a synonym for a brand name, is a word, name, symbol, design, phrase or slogan or a combination of these items which are used by businesses to identify their goods and to distinguish them from other goods offered by other businesses in the marketplace. By associating the trademark with a particular good, the public learns to identify the source or a standard or quality associated with the good. The public learns, through purchasing experience, that goods bearing a mark coming from a single source will meet an expectation of a standard of quality that the goods sold under the mark have met in the past. This predictability is known as the "good will," which often is the cornerstone of the owners business.
The term "trademark" is also commonly used to means "service mark." These are marks that are associated with services offered in the marketplace. Examples of a service mark are "CBS" or "IBM".
Another mark commonly included within the term "trademark" are "certification marks." A certification mark is an identifying word, slogan or design of an independent group, board or organization which judges the quality of goods or services. An example of a certification mark is "UL" (Underwriter's Laboratories).
Another mark commonly included within the term "trademark" is a "collective mark." A collective mark is a word, slogan or design indicating membership in an organization. An example of a collective mark is "NCAA."
Trademarks are often confused with trade names which are words or group of words under which a company does business. An example of a tradename is "THE SEATTLE TIMES".
Trademark rights arise from either (1) actual use of the mark, or (2) the filing of a trademark application to register the mark in the U.S. Patent and Trademark Office (PTO) stating that the applicant has a bona fide intention to use the mark in commerce regulated by the U.S. Congress (see "Information About Filing a Federal Trademark Application" for a discussion of what is meant by the terms "commerce" and "use in commerce"). Federal registration is not required to establish rights in a mark, nor is it required to begin use of a mark. However, federal registration can secure benefits beyond the rights acquired by merely using the mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide. Generally, the first party who either uses the mark in commerce or files an application in the PTO has the ultimate right to register that mark. |
