U.S. Trademark Protection
To receive U.S. Trademark Protection, a word or symbol must be distinctive and must be used in the marketplace so that it gains recognition with the public. The mark will receive some degree of trademark protection even without registration.
Trademark protection exists in a mark as long as the mark remains in use in commerce and is distinctive. As such, counsel from an intellectual property (IP) attorney is advisable in determining what use constitutes “commercial use” and distinctiveness.
U.S. Trademark Protection: Common Law Rights
Common law trademark protection in the U.S. can be adequate to prevent others from using similar marks for similar goods/services. Typically, however, common law marks receive limited trademark protection. An IP attorney could provide advice on how to protect common law marks through proper notice practices and enforcement strategies.
U.S. Trademark Protection: Trademark Registration
A mark registered with the U.S. Patent and Trademark Office (USPTO) gives constructive notice to the public of the registrant’s claim of ownership of the mark. Additionally, registration provides a legal presumption of ownership. Registration provides exclusive trademark protection in nationwide rights in connection with the goods or services listed in the registration. U.S. registration also provides the ability to bring an action concerning the mark in U.S. federal court.
Trademark protection in the U.S. requires that an owner adhere to certain use requirements and notice practices. For example, owners are to use the ® symbol in connection with the mark to alert others of its federal registration and maintain trademark protection over the registered mark. It is advisable to seek counsel from an IP attorney on the proper usage of the registered trademark and the proper notices required for such registered marks.
Registration with U.S. Customs
A registered mark owner could also seek trademark protection with the U.S. Customs Service to guard against counterfeiters from using their marks on unauthorized products under trademark laws. For example, an IP attorney could help clients record the trademark registration with U.S. Customs. In doing so, the mark owner provides U.S. Customs officials with information about the brand to prevent counterfeits from making their way into the U.S. An IP attorney could provide advice on procedures on how to record and seek trademark protection with U.S. Customs, and similar procedures and trademark laws in other countries.
About the Firm:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.
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