A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. In essence it deals with examining of common law and statutory copyright and artistic property, including such topics as originality, types of work protected, publication formalities, the nature of the rights protected, duration and renewal of assignments, infringement actions and remedies. It also deals with trademark and trade names, appropriation of competitor’s products and inference with contractual relations.
Sensible Strategies to protect your mark:
Owning a federal trademark registration in the United States is proved to be crucial. It provides several benefits. Herewith are some of the advantages:
• To bring a suit in federal court.
• To use the US registration as a starting point to obtain registration in foreign countries.
• Securing for limited time the exclusive right to use the mark nationwide.
• A legal presumption that a constructive notice is placed before the public.
When a mark is attached to a product that is being used in the market it is referred to as the actual use of the mark. If you have already started using the mark in commerce, you may use it with a sworn statement that the mark is in use in commerce, enlisting the date of first use of the mark anywhere and the date of first use of the mark in commerce.
Intend to Use:
If you have not yet used your mark but plan to do so in the future, your application may be filed based upon a bona fide intention to use it in commerce.
If an application is filed based upon intend to use, the applicant must begin the actual use of the mark in commerce before a registration is warranted. Subsequently, the applicant must file another form (“Allegation of Use”) to establish that the use has begun.