A trademark is a word, phrase, symbol, or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or its packaging, while a service mark appears in advertising for the services.
Trademark rights arise from either
Actual use of the mark, or
The filing of a proper application to register a mark in the Patent and Trademark Office stating that the applicant has a bona fide intention to use the mark in interstate commerce
While federal registration is not required to create a trademark, there are several advantages to federal registration, including: notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
The federal Lanham Trademark Act protects federally registered names, marks, emblems, slogans, and colors, if included in the registration, from government interference. While it is well accepted that a governing entity may regulate signs, subject to constitutional protections, the plain language of the Lanham Act prohibits federal, state and local governments from requiring alteration of a registered trademark, as registered. A Lanham Act issue may be raised should a community require, as a condition of obtaining a sign permit, that the trademark be altered. Also in such cases, either in the alternative or in addition to reliance on the Lanham Act, a sign owner precluded by a code from displaying a registered mark on a sign could argue that such preclusion violates the content-neutrality requirements imposed by the First Amendment.
Basic information about trademarks, including access to trademark forms and information about applying for a trademark, is available from the U.S. Patent and Trademark Office. Their web site also contains information on how to conduct a trademark search to determine if your proposed trademark is already registered.
As a small business owner, one of your primary goals in signs should be to create brand recognition of your business in the community. One of the best, and most cost-effective, methods of doing this is to create an attractive company logo or pictorial graphic and use it on all of your signs. Repeated viewing by passing motorists of your company's "signature" signs will help brand your business site, and begin to create top-of-mind awareness with potential customers. Also, your company's trademark should appear for example, on company stationary and uniforms. And whenever possible or feasible, it should be featured in other media advertising, such as the Yellow Pages.
