As Sioux Falls, South Dakota trademark attorneys, our law firm provides assistance and advocacy to all parts of the USA.
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, is identified with a geographic location or is a person’s name generally may not be registered.
The first to use the mark has the exclusive right to the mark as against anyone who subsequently attempts to use the mark within the geographic area in which it is used. However, registering the mark with the Patent and Trademark Office extends the right to the mark throughout the entire United States.
When filing a trademark application, you will either file an intent to use application if the mark is not yet being used or an actual use application if the mark is currently in use. However, if you file an intent to use mark, you must use the mark within a specified time frame and will have to file a statement of use when you actually do use the mark.