Free Articles - Table of Contents
Business Matters
Deducting the Business Use of Your Home
Should You Incorporate Your Business
Human Resources
ADA Protects Employees with Cancer
Update Social Security Number Verification for Employers
The Dangers of Employee Internet Use
The Hazards of Resume Screening
Real Estate
Landlord/Tenant-Insurer May Sue for Fire Damage
Miscellaneous
Good News For Those Who Struggle With Legal Risk
Partnerships And Limited Liability Companies
A Few Well Chosen Words About Contracts
Trademarks & Service Marks
In today’s competitive business environment, the ideas, products and processes that a business generates can be a valuable (or even indispensable) asset, which must be protected to assure the business maintains its competitive edge. One of the most common intangible assets of the company requiring protection is its Trademarks and Service marks.
Both trademarks and service marks are protected under federal and state law. While a trademark is generally defined as a word, phrase, symbol or sound that serves to distinguish goods of one business from another, a service mark is a word, phrase, symbol or sound that distinguishes the services of one business from another. Tradedress is the overall style or manner by which a business markets a good or service and a tradename is a company or corporate name used to distinguish one business from another. Both Trade Dress and Trade names may also be registered. Although neither federal nor state trademark registration is required for trademark protection such registration is valuable as a means of asserting the company’s right to use the mark.
Within the context of trademark law, superior rights to the use of a name or mark, vest in the person or business who was first because “first in time is first in right”. By registering a mark, the applicant has given notice to the world that they claim that mark for themselves, and unless a challenge to that mark is made within six months after publication, the mark vests in the hands of the applicant. Here again, remember that this is a complex area of law, which cannot be extensively detailed within the context of this article. If you are interested in registering a trademark or a service mark give us a call at 858-793-1220. We welcome your inquires and hope to serve your needs in the future.