Trademark Law

Trademark Law Pittsburgh, PA

Trademark LawIn order to distinguish the product of one party from that of another a word, phrase, design or symbol called a trademark is used. A service mark, on the other hand, identifies the source of a service, rather than a product. There is a difference between trademarks and patents, as well as between trademarks and copyrights. Copyrights protect original artistic or literary works. Patents protect inventions. Trademarks identify. You can claim ownership of a trademark by notice of use. It is prudent to register the trademark with the United States Patent and Trademark Office. Once a mark is registered, it is up to the owner to protect its use.

It is a good practice to conduct a trademark search with the USPTO. You may also learn if a type of trademark is eligible for registration. The USPTO can offer information on trademark law, state registration and infringement claims. You may file for registration online using the Trademark Electronic Application System of with the Commissioner for Trademarks: P.O. Box 1451, Alexandria VA 22313-1451. It is not always necessary to hire an attorney, but you must be careful to comply with all regulations.

Every application must contain a drawing of the mark. TEAS has the ability to construct an electronically produced drawing based on information you enter.

You must submit a “specimen” of use, showing a photograph of the mark on the goods or a photograph of the mark on packaging. Actual goods are not submitted. If you are submitting a photo of a mark designated for a service, the service must be referenced on the specimen.

You must submit an application filing fee. The amount is available at the website of the US Patent and Trademark Office.

You may use the symbols TM, and SM regardless of whether an application has been filed. However, the R in a circle may be used only after the mark is actually registered.

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