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trademark
A symbol, sign, mark, word or arrangement of words in the form of a label adopted and used by a distributor or manufacturer to designate particular goods. Once a trademark is in use by a party, no other party has the legal right to use.
Unlike patents, where the party has to apply with a government agency for protection and there is no protection unless the government grants it, trademarks and copyrights are so-called "common law" rights which belong to the user upon creation. In other words, if a party creates a product or offers a service with the trademark "Acme", that trademark belongs to that party, subject to any other party's pre-existing rights, whether or not the trademark is registered the government.
Trademarks can be registered with a state or with the federal government. However, state registrations are effective only within the state, whereas federal registrations cover the entire country. Consequently, federal registrations are more valuable.
To obtain a federal trademark registration, you must file a Trademark Application Form. The page for U.S. Patent Office Online Trademark Applicationcontains this form and it includes instructions on how to file.
Source : LawyerIntl.com
Language : English