Trademarks in the U.S.

This module will help you to understand what a trademark or service mark is and how they differ from a domain name or a business name registration. You also will learn how to select a strong mark that is legally protectable and federally registrable, how to search the proposed mark to identify potential conflicts with prior registered or applied-for marks, how to apply for federal registration of the mark with the U.S. Patent and Trademark Office  (USPTO), and the differences between federal and state registration of marks. This module also will clarify that trademark rights in the U.S. arise from use of a mark in connection with goods or services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. Applicants for federal trademark registration are not required to be represented by an attorney, but this module will help you understand why using a trademark  attorney may be very beneficial. The module also will explain what may happen if another trademark owner believes it has stronger rights in a mark and issues a “cease-and-desist” letter and how to avoid “scams” perpetrated by companies that request fees for services that the USPTO does not require.

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