Trademarks

TRADEMARKS

Trademarks are used to indicate that goods or services originate from a unique source. Trademarks used for services are often called service marks. Prospective purchasers should have confidence that similar products or services bearing similar trademarks are from the same source.

Although trademarks are typically in the form of words or logos, product configurations (trade dress), colors, and even sounds have been used as trademarks.

In the United States, trademark rights are established by actual use of a trademark with goods or services being offered for sale. Registration of trademarks is not required to establish or enforce trademark rights.

A trademark owner may indicate a claim to common law trademark rights, which are established by actual trademark use but without registration, by marking uses of the trademark with the symbol "TM".

Federal registration of trademarks does provide some significant advantages. Federally registered trademarks are marked with the symbol "®" when used.

Trademark rights allow the trademark owner to prevent uses of a mark that is similar to owner's mark in such a way as to cause confusion among prospective purchasers as to the source of goods or services. Trademark rights can exist for as long as a trademark is still in active use.