Important Trademark Tip
General Rule: Trademark rights are acquired by use.
- For trademarks, use requires that the mark be “affixed” (i.e., the mark is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale);
- For service marks, use requires that the mark be used or displayed in the sale or advertising of services.
Tip:
Make proper use and selection of a mark. Be the first to use a mark. Avoid using marks that are confusingly similar with other marks, and avoid using descriptive, generic, geographical or deceptive terms. A great example of a mark is "THE CLUB". This mark has been used to identify a particular brand of steering wheel locks. A "club" has nothing to do with steering wheels. Over time, and through promotion, "THE CLUB" has become a powerful product identifier.
Tip:
Make use of the federal Intent-To-Use application procedures to protect proposed marks.
Tips & Information
- Common Myths about Intellectual Property
- What is a Trademark and how do I obtain one?
- What is a Patent and how do I obtain one?
- Important Trademark Tip
- Important Patent Tip
- Important Copyright Tip
- Inventors Notebook
- Non-Disclosure Agreements
The information provided on this site and in any associated links are intended for general guidance only. Because professional legal advice must always be specific to the facts and circumstances of a particular client, the information on this site and any associated links cannot and should not be relied upon as legal advice. ©2000,2004,2008 Anthony J. Bourget. All rights reserved.