TRADEMARKS

A trademark is a word, phrase, symbol or design that is used to identify the source of goods or services that bear the trademark.  Trademarks distinguish goods or services from one maker or seller from those made by another.  A trademark for services is called a service mark.

A person or company can establish rights in a mark based on simply using the mark without registration.  However, the benefits of registering a trademark with the United States Patent and Trademark Office (USPTO) are well worth the cost.  Once a mark is registered it is listed on the Principal Register and the owner of the registered mark enjoys the following advantages.

• Constructive notice to the general public of ownership of the mark by the registrant;

• A legal presumption that the registrant owns the mark and that the registrant has the exclusive right to use the mark in the U.S. on or in connection with the goods and/or services as listed in the registration;

• The ability to bring litigation regarding the mark in federal court;

• The use of the U.S registration as a basis to obtain trademark registration in a foreign country; and

• The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing goods from foreign countries.

The USPTO reviews trademark applications for federal registration and determines whether an applicant meets the requirements and if so, the mark is registered.  The USPTO does not decide whether an applicant has the right to actually use a mark.  The right to register is different than the right to use. 

Once a registration is issued, it is up to the owner of the mark to enforce the rights in the mark.

When can I use the trademark symbols TM, SM and ®?

If you claim rights in a mark, you may use the “TM” (trademark) or “SM” (service mark) to alert the public to your claim even if your mark is not registered with the USPTO.  However, the federal registration symbol “®” may only be used after the USPTO actually registers the mark.  You should continue to use “TM” and “SM” while your application is pending. Additionally, once your mark is registered, you must be careful to use the registration symbol “®” with the mark only on or in connection with the actual goods and/or services listed in the federal trademark registration.

How to get started:

Building a brand and distinguishing yourself from the competition is one of the most challenging aspects of managing and growing a business today.  It requires vision, discipline, hard work, and in most cases, a substantial investment of your time, money, and patience. Once you begin using a mark in regards to your goods and services, you want to be sure that no one else can benefit from your hard work.  Registering your mark is a positive step towards protecting your mark, your investment, and your future. 

At James Ray & Associates, our staff members counsel clients on the selection, protection and enforcement of trademarks, service marks, company names, brand names, slogans, domain names, trade dress, registration and licensing.

We handle trademark concerns of all types and offer thorough, quality services including but not limited to:

• Trademark screening and clearance searches;
  
  
• Preparation, filing, prosecution, and maintenance of trademarks;
  
  
• Cease and desist notices to infringers;
  
  
• Markings and legends;
  
  
• Infringement analysis and opinions;
  
  
• Enforcement litigation; and
  
  
• Licensing.

We provide written and oral opinions on the availability of trademarks in the United States. In addition, we conduct international trademark searches and coordinate worldwide trademark availability opinions for clients seeking to adopt new marks.

Let us help you get started by performing a trademark and/or service mark search to determine if there is someone else who has already registered your mark or a mark that is confusingly similar.  Once the search is complete our experienced staff members will provide you with the advice you need to choose your next step. 

If you are interested in learning more about how to protect your rights regarding your trademark or other intellectual property, we look forward to talking with you.   For more information on how we can serve you, contact James Ray & Associates toll free at (888) 692-7303 to speak with an experienced member of our staff today.