A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.
Trademark rights arise from either (1) actual use of the mark,
or (2) the filing of a proper application to register a mark in
the Patent and Trademark Office (PTO). Federal registration is
not required to establish rights in a mark, nor is it required
to begin use of a mark. However, federal registration can secure
benefits beyond the rights acquired by merely using a mark. For
example, the owner of a federal registration is presumed to be
the owner of the mark for the goods and services specified in
the registration, and to be entitled to use the mark nationwide.
Unlike copyrights or patents, trademark rights can last indefinitely
if the owner continues to use the mark to identify its goods or
services. The term of a federal trademark registration is 10 years,
with 10-year renewal terms. However, between the fifth and sixth
year after the date of initial registration, the registrant must
file an affidavit setting forth certain information to keep the
registration alive. If no affidavit is filed, the registration
is canceled.
