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A trademark is a word, name, motto, symbol,
emblem, logo, device or any combination of these which is adopted
and used by a manufacturer or merchant. The mark identifies and
distinguishes his goods from those manufactured and sold by others.
Its main purpose is to indicate origin. But it also allows the
maker or seller to stand behind his product and guarantee its
quality. A trademark is often used in advertising to create and
maintain demand of the product with which it is identified.
A trademark should not be confused with
a trade name. A trade name designates a group of businessmen or
a particular business (i.e., the persons selling or manufacturing
a product) as an entity. To a lesser extent it is used to identify
the goods themselves. It is related more to the goodwill of the
company whereas a trademark is associated only
with the product itself.
Exclusive rights in a trademark come under the jurisdiction of state common law (law or legal theory derived from past judicial decisions that have their base in custom, reason, logic and common sense). Protection commences immediately upon first adoption and use of the mark under state common law and by federal law upon application for registration (if application is later accepted and if certain regulations are adhered to in the interim) or upon the use of the temporary protection mark "TM" (if application is later accepted and if certain regulations are adhered to in the interim). Generally, continued use must be maintained to preserve these rights.
See: TRADEMARK-A CLOSER LOOK,
PATENT, COPYRIGHT LAW,
NAME under "Trade Name."
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False Designation of Origin:
The misrepresentation of the entity responsible
for the creation or production of a good or service moving in
interstate commerce, e.g., the deletion of an author's name on
a song distributed in more than one state. See: FALSE
ARBITRATION, UNFAIR COMPETITION, CREDIT, RIGHT
under "Name Rights." See: CONTRACT-RECORDING CONTRACT
clause #16, CONTRACT-SONGWRITER/PUBLISHER CONTRACT clause #6,
NAME under "Omission of Name."
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Index to the Trademark Register:
A book offered by the U.S. Patent Office
that lists registered names and trademarks.
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Patent and Trademark Office:
A division of the U.S. Department of Commerce whose main functions are…
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