A trademark is a distinctive word,
phrase, logo, domain name, graphic symbol, slogan, or other device that is
used to identify the source of a product and to distinguish a manufacturer's
or merchant's products from others. Some examples are Nike for sports
apparel and Microsoft for software. In order to be eligible for trademark
protection a word or phrase must be "distinctive" -- unique enough to help
customers recognize a particular product in the marketplace -- rather than
generic like "The Coffee House."
When seeking to use and register a trademark with the
U.S. Patent and Trademark Office performing a comprehensive trademark search
is a great way to get started. Trademark searches provide you with
information about a mark's availability by providing information regarding
already existing trademarks and the status of those trademarks. Depending on
where you want to use your mark you may consider a number of search options
which include state searches, U.S. federal searches, and international
searches. You can do your own search of
trademarks registered with the U.S. Patent and Trademark Office at
www.uspto.gov or you can visit the Patent and Trademark Depository Library
at the Sunnyvale Library. This library offers a combination of hardcover
directories of federally registered marks and an online database of both
registered marks and marks for which a registration application is pending.
In addition to searching for registered or pending marks you may also use
product guides and other materials available at the library to search for
possibly conflicting marks that haven't been registered with the USPTO. This
can be important because, even if a mark is unregistered, its existence
could preclude you from registering the same or confusingly similar mark in
your own name, and using the mark in any part of the country or commercial
transaction where customers might be confused.
All states have statutes that govern the use and protection of marks
within the state's boundaries. In addition to laws that specifically protect
trademark owners, states also have laws that protect one business against
unfair competition by another business, including the use by one business of
a name already used by another business in a context that's likely to
confuse customers. Visit the CA Trademark Homepage at:
http://www.ss.ca.gov/business/ts/ts.htm
Naturally there are fees involved in applying for a trademark and for
keeping it in force. Fees also depend on the number of categories for which
you seek trademark protection. There are companies such as
www,mycorporation.com that provide trademark services for a fee. Before you
use any such service we recommend that you do a Google search to find other
sites offering similar services and evaluate them carefully.
One of the dangers in using a name in business without trademark
protection is that you are open to claims of infringement and the costs
associated with starting over with a name that can be trademarked. Remember
that a fictitious name certificate is merely to identify who is operating
under the fictitious name. It
does not offer any trademark protection.
