subject: Some Basics On Trademarks [print this page] A trademark is a symbol, phrase or noise employed by an individual or business to brand themselves or their goods. In the world of business and advertising, a trademark can be a great source of promotion. Numerous businesses have increased their success extensively by employing a good or appealing trademark. Some trademarks were started more than a century ago and still function to promote their business as a well known face in advertising.
To protect the use of trademarks, trademark law was enacted. Trademark law protects the specific goods and services of a company, but not a particular technology. Trademark law is comparable to branding; where there may be several types of athletic shoes available, only one is permitted to possess the trademarked Nike swoosh as its brand.
Trademarks include the visual, textual or audible brand of a company or person. The Nike swoosh logo, McDonald's "I'm Lovin' It" slogan, and the sound of the NBC chimes are all trademark examples. If any other entity tries to use them without permission, the trademark owner has the right to file a lawsuit under trademark law.
The U.S. Patent and Trademark Office typically leaves the regulating and enforcement of trademarks up to the trademark owner. The USPTO serves more as a confirmation means when trademark law is broken. Once the trademark is registered with the USPTO the office can confirm that the trademark is legally valid and held by the owner.
If a trademark owner discovers their property is being violated under trademark law, they first should send a "cease and desist" order to the violating party. If the letter does not work, the trademark owner can benefit from the help of trademark legal professionals with experience in filing lawsuits for unauthorized use of trademarked materials.
A registered trademark that is established to have been illegally utilized under trademark law may bring a reward of up to triple damages for the trademark owner. This is in addition to the trademark attorneys' fees.
by: Matt Jacobs
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