Protecting Trademarks and Service Marks

Destin Rice, MGT 386, November 23, 2008

Because of the high level of competition in the business world, many companies and organizations choose to protect their products and services with trademarks and service marks. Trademarks include “any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods” (UPTO, 2008). “The owner of a trademark has exclusive right to use it on the product it was intended to identify and often on related products. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products” (Cornell). In order for a business to protect its trademarks and service marks, the business must comply with several requirements and follow a certain process.

Protecting trademarks and service marks does not require that the trademarks and service marks be federally registered. However, if a company chooses to federally register its trademarks and service marks it may reap a magnitude of benefits. Examples of benefits include a “constructive notice nationwide of the trademark and service mark owner’s claim; evidence of ownership; jurisdiction of federal courts may be invoked; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods” (USPTO, 2008).

A company may register its trademarks and service marks by “accessing forms through the Trademark Electronic Application System (TEAS)” (USPTO, 2008). TEAS can assist a business in filing an “application for registration of a mark, response to examining attorney’s office action, notice of change of address, amendment to allege use, statement of use, request for extension of time to file a statement of use, affidavit of continued use under 15 U.S.C 1058, and an affidavit of incontestability under 15 U.S.C. 1065” (USPTO, 2008). One may find assistance by visiting USPTO’s Web site or by searching additional Web sites for trademark and service mark information.

Several requirements exist in order to obtain a filing date. A company of person must include the “name of the applicant, a name and address to which the USPTO should send correspondence, a clear drawing of the mark, a listing of the goods or services, and the filing fee for at least one class of goods or services” (International, 2008). Information concerning fees may be found on the USPTO Web site.

While the process of registering each mark may be time consuming and require a company or organization to participate in additional paperwork, the benefits of a registered trademark may be seen in a timely manner on the company’s balance sheet. Trademarks and service marks give companies and corporations a competitive advantage that may make a difference in the success of the business.

Works Cited

Cornell University Law School. Trademark Law: An Overview. Retrieved November 25, 2008,from http://topics.law.cornell.edu/wex/Trademark

International Trademark Association (2008). Filing a Trademark Application in the United States. Retrieved November 25, 2008, from http://www.inta.org/index.php?option=com_content&task=view&id=182&Itemid=59&getcontent=1

United States Patent and Trademark Office, (2008). Retrieved November 25, 2008, from
http://www.uspto.gov/main/trademarks.htm