Trademarks

A trademark is a word, phrase, symbol, or combinations thereof, which serves to identify the source of origin for goods or services. If the mark identifies services it is called a service mark. Typically, a mark for goods appears on the product or its packaging, and a service mark appears in advertisements for the services.

The federal trademark laws do not permit use and registration of a mark which is the same as or confusingly similar in appearance, sound or meaning to another mark for the same or similar product or service. A mark which is descriptive of the product or the service is not generally registerable. In addition, a surname is not generally registerable. The first to use the mark has the exclusive right to the mark as against anyone who subsequently attempts to use the mark. This right is limited to the geographical area where the mark is used, but by registering the mark with the United States Patent and Trademark Office, the right is extended to the entire United States.