Trademark Attorneys
Trademarks are generally distinctive symbols, pictures,
or words that sellers affix to distinguish and identify the origin of
their products. Trademark status may also be granted to distinctive and
unique packaging, color combinations, building designs, product styles,
and overall presentations. It is also possible to receive trademark status
for identification that is not on its face distinct or unique but which
has developed a secondary meaning over time that identifies it with the
product or seller. 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.
In the United States trademarks may be protected by both Federal statutes
under the Lanham Act. A trademark registered under the Lanham Act has
nationwide protection.
Under the Lanham Act, a seller applies to register a trademark with the
Patent and Trademark Office. The mark can already be in use or be one
that will be used in the future.
Under state common law, trademarks are protected as part of the law of
unfair competition. Registration is not required. States statutory provisions
on trademarks differ but most have adopted a version of the Model Trademark
Bill (MTB) or the Uniform Deceptive Trade Practices Act (UDTPA).
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