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#define.stb ON LINE LEGAL GLOSSARY
/* The world of Trademarks was subject to a major change
last year. Here is an informational text direct from the
nice people at the U.S. Trademark office. */
Trademarks in Brief
A trademark can be a word, name, symbol, device, or any
combination thereof to identify and distinguish the goods of a
manufacturer or merchant from goods manufactured or sold by
others, and to indicate the source of the goods. A mark with
these characteristics and functions used in connection with the
rendering of services is called a service mark. Such marks are
often referred to as "brand names" or "logos"; "slogans" are also
widely used as marks.
Many owners of marks use the TM (for trademark) or SM (for
service mark) symbols, as appropriate, in connection with the
marks to indicate their claims of ownership. Mark owners may use
the [ Capital letter R enclosed in a circle ] symbol only if they
have been issued federal registrations from the Patent and
Trademark Office. While owners of marks may acquire rights in
their marks under the "common law", they often seek to register
their marks because of the procedural and legal advantages
obtained through registration with the Patent and Trademark
Office.
To register a mark in actual use in commerce, the mark owner
must file a written, signed application containing certain
specific statements or "averments" concerning the use and
ownership of the mark. The written application must be
accompanied by a separate sheet with a "drawing" of the mark
(e.g., a typewritten representation of a word mark or an actual
[sic; actual] black and white "pen and ink" representation of a
design mark or logo), and by three "specimens" evidencing the
method of use of the mark (e.g., labels, hang tags or packaging
bearing the mark). The application fee is $175 per class of
goods or services.
If a mark is intended to be used in commerce, the person
claiming to be "entitled" to use it in commerce may apply to
register the mark by filing an appropriate written, signed
application containing, among other statements, an assertion
regarding the "bona fide intent to use the mark in commerce."
The "intent to use" applicant would also have to file a separate
drawing sheet, but would not be required to file specimens of
use. The "intent to use" applicant could not obtain a
registration until after actual use of the mark in commerce had
begun, and evidence of such use, including specimens was filed.
The application fee is $175 per class of goods or services. An
additional fee of $100 per class would be due upon the filing of
evidence of use.
Each application is "examined" by an attorney in the Patent
and Trademark Office's Examining Operation for compliance with
applicable technical requirements and to determine whether the
mark is "registrable" under the terms of the federal trademark
statute. A key element of examination involves a search of the
register of marks to ensure that no identical or confusingly
similar marks were previously registered. If the application is
in acceptable form and the mark is deemed registrable, then the
mark is published in the Official Gazette of the Patent and
Trademark Office.
For 30 days following publication of the mark, any
interested party may step forward and "oppose" issuance of a
registration. If no opposition is filed, then a registration
certificate is issued, unless the mark was the subject of an
"intent to use" application. In the latter case, a "notice of
allowance" for registration would be issued; the registration
certificate would not issue until after acceptable evidence of
actual use was filed. The registration procedure takes
approximately 13 months for applications based on actual "use in
commerce." Each registration must be "maintained" through the
filing of an appropriate "affidavit of continued use" between
five and six years after the certificate issues. The
registration term is ten years and may be renewed for consecutive
ten year terms so long as the mark remains in use.
To receive a copy of the "Basic Facts About Trademarks"
booklet, complete with model filing forms, write to the
Superintendent of Documents, Government Printing Office,
Washington, D.C. 20402 (doc. #003-004-00642-1, price $1.00).
For further information write The Public Service Center, Patent
and Trademark Office, Washington, D.C. 20231, or call (703)
557-INFO.
COPYRIGHTS
Copyrights are protection from copying for literary,
dramatic, musical and artistic works. Copyrights are registered
in the Copyright Office in the Library of Congress and are not
handled by the Patent and Trademark Office. Information
concerning copyrights may be obtained from the Library of
Congress, Information Section, LM-455 Copyright Office,
Washington, D.C. 20559, Telephone (202) 479-0700.