The source identifier of goods or services (the brand
or specified characteristics of a product or service).
Servicemarks, Collective Marks, and Certification Marks.
words, logos, colors, sound, scents, look (trade dress), shapes.
can Obtain Protection
User (or possible later users in different fields or regions).
use of the Mark in interstate commerce.
to Obtaining Rights
If it is similar enough to an existing registered or
If the mark is
immoral, scandalous, deceptive, misdescriptive, generic, or an
Prevent others from using your Mark.
Prevent others from
using any Mark that is similar enough to cause consumer confusion
between the two Marks.
- but may only protect use within a specific class of goods or
services or may be granted only for a specific geographic region.
are Rights Obtained
National - after Registration by the US Patent and
Common Law - by
local or industry reputation and knowledge.
National - 10 years from date of registration -
Renewal terms available.
Common Law -
Long to Obtain
- but common law rights are available.
protect the good or services just the source identifier of them.
No - but must have an intent to use if not currently
No but if ® is not displayed the right to get
infringement damages is lost.
display ™ or SM
as soon as you claim your rights in the mark.
both assignable and licensable.
look alike enough to the consumer so as to cause confusion,
mistake or deception.
There is a hierarchy among the types of Marks.
types can't be registered unless they acquire
Marks require secondary meaning to be established.