Trademarks
A trademark is an IP right used to protect words, logos, and symbols that identify a product or service.
- used to distinguish between different products
- A mark used to identify services is called a servicemark
- laws for trademarks and servicemarks are the same
- Trademarks and servicemarks are collectively called trademarks
- represent a business’s commercial identity and goodwill
- the image and reputation a business has with its customer
- businesses protect their trademarks from misuse because they want to protect their business and reputation
- federal and state laws govern trademarks
- federal government regulates trademark registration under the Commerce Clause
- the main federal law protecting trademarks is the Lanham Act (1946)
- aka Trademark Act of 1946
- allows for federal registration of trademarks
- defines how trademarks can be protected
- How Should an Invention or Process Be Protected?
Trademark Basics
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Trademark protection rights belong to the first person who uses the trademark in commerce
- different from patent and copyright laws
- which award rights to the inventor or author
- true under common law and state and federal trademark statutes
- different from patent and copyright laws
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Entities that use trademarks in U.S. interstate commerce often register them with the USPTO
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Entities that use trademarks only in one state may choose to register only in that particular state
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Rise of internet has made federal registration more common