|
A trademark is a source identifier for goods, and a servicemark is the same for services. Trademarks, servicemarks, collective marks, quality marks, and membership marks are all commonly called trademarks. Trademark law enables the owner of a mark to prevent others from using a confusingly similar mark, but it does not prevent others from either making or selling the same or similar goods or services under a clearly different name.
For instance a business owner may sell widgets under the name "FIZAM!." Trademark law would enable the business owner to seek damages from and prevent others from selling similar widgets under the name "FIZAM!" It also may even allow for recovery against someone selling different widgets under a similar name such as "FIZAM?," or "FISAM." However, it would not prevent others from selling widgets identical in function under a clearly different name.
Trademarks may be registered in the state in which they are used, or if they are used in "interstate commerce" they may be registered with the United States Patent and Trademark Office (USPTO). Registration creates a presumption of validity and may enable a trademark owner to enforce a greater set of rights.
A trademark attorney may assist not only in registering and prosecuting a trademark, but also in negotiating or drafting custom sale, transfer or license agreements. An attorney trained in intellectual property and the arts, may also advise regarding the extent of trademark protection and the exceptions to its application. This attorney may give an opinion regarding other protections afforded certain forms of intellectual property such as copyrights, moral rights, patents, and trade secrets. Some situations may require the discussion and planning for issues of varying complexity including differences in state, federal, and international law, or the doctrines of parody, fair use, and dilution. Of course, if your trademarks are infringed, or if you are accused of infringing another's trademarks an attorney that concentrates in IP may be best trained to advocate on your behalf, and litigate your case through trial and appeal.
|
