What is a trademark? Any word, name, symbol or device or combination of these that distinguishes goods and services and identifies a source can be a trademark.
Traditional types of marks • A trademark indicates the source of a product or service • Common source identifiers: – Brand names, slogans, and logos • Examples: – “Starbucks” is a source identifier for ready-to-drink coffee, coffee pods, etc. – “Ready Brew” is a source identifier for coffee – The siren design is a source identifier for tote bags, clothing, toys, and debit card services.
Know before filing: • U.S. lawyer required if the applicant, registrant, or party to a proceeding is domiciled outside of the U.S. • Foreign attorneys and non-attorneys may not provide legal advice or prepare an application on someone else’s behalf • When contacting law firms online or viewing sponsored ads, be careful to avoid unauthorized filing firms and entities impersonating licensed attorneys
Why do a trademark search? • Determine if any marks already exist that would cause a likelihood of confusion – Federal registration of your mark may be refused – You may open yourself up to litigation – Early searching can save you time and money – Aids in assessing potential risks of using a particular mark • Trademark owners may search to discover recent marks published for opposition