Home Trademarks and why I might need one

A Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. In short a Trademark lets the world know that a product or service is sold by the trademark owner. With this, a product or service producer can protect the good name and good will that he or she has worked so hard to create around his or her product line. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. There are legal consequences for those who infringe upon the rights of a Trademark owner. Is registration of my mark required? No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g., * constructive notice to the public of the registrant's claim of ownership of the mark; * a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; * the ability to bring an action concerning the mark in federal court; * the use of the U.S registration as a basis to obtain registration in foreign countries; and * the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods. When can I use the trademark symbols TM, SM and ®? Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.
 

Connecticut Patent Procurement Attorney and Patent Prosecution Attorney Neal Guttenberg provides high quality trademark searches and patent searches and represents individual inventors and companies in all patent and trademark legal matters in the states of Connecticut and the metropolitan Hartford, CT area including such cities and towns as Bristol, Danbury, East Hartford, Enfield, Greenwich, Meriden, Manchester, Middletown, Milford, New Haven, Shelton, Stampord, Wallingford, West Haven and Westport as well as the states of Massachusetts and Rhode Island.

Trademark 2009 www.Neglaw.com

The Law Offices of Neal E Guttenberg
Patent and Trademark Law
521 Brownstone Ridge
Meriden CT 06451
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