The Trademark and Domain Name LawTrove provides some Frequently Asked Questions and answers about the United States laws of trademarks and domain names and their registration and use. These FAQs are not intended as legal advice: The law changes frequently as new cases are decided and statues are enacted. Consult your own attorney regarding any question you may have that is specific to your situation:
A. General
- 1. Does it matter what mark I choose for my product or service?
- 2. Can you give some examples of trademarks with high value?
- 3. Could my mark become important to my company?
- 4. What could happen if the important trademarks owned by my business were to be lost?
- 5. Is a trademark the same thing as a brand name?
- 6. What, specifically, is a trademark?
- 7. What is a service mark?
- 8. What does "mark" alone mean?
- 9. What is a trade name?
- 10. Can I register my company's trade name as a trademark?
- 11. Can I register the name of my services company as a trademark?
- 12. When should I register my company's name as a trademark if it sells products rather than services?
- 13. Can I register an acronym of my company name as a trademark?
- 14. Can an acronym be registered as a trademark or service mark if the underlying phrase could not be?
- 15. How long will my exclusive right to use my mark last?
- 16. Can my product's overall design and packaging be protected as a trademark?
B. Choosing a Mark
- 1. What constitutes an effective trademark?
- 2. Are there pitfalls to choosing a mark?
- 3. Why should I conduct a search before choosing a mark?
- 4. Can another user block my use of a conflicting mark?
- 5. How should I perform a trademark search?
- 6. Isn't it a lot easier to choose a descriptive mark?
- 7. Why do people choose descriptive marks when they cause so many problems?
- 8. Are valuable marks ever descriptive?
- 9. How might I avoid choosing a mark that is too descriptive?
- 10. Can you give an example of a real mark that carried negative connotations?
- 11. May I choose an acronym as a mark?
- 12. Is it advisable to choose an acronym of a phrase that is itself descriptive?
- 13. Where might I get ideas on how to choose a trademark?
- 14. Would the people inside my company be the best persons to choose a new mark?
- 15. Can you give an example of a mark chosen by company employees?
C. Using a Mark
- 1. How do I establish my right to use a mark?
- 2. Should I keep a record of my first use of my mark?
- 3. Can my domain name constitute a mark?
- 4. How do I show first use of my domain name mark?
- 5. Is it advisable to register my domain name as a trademark?
- 6. What constitutes first use of my mark?
- 7. What constitutes "use in commerce"?
- 8. How should I designate my mark as a trademark or service mark?
D. Registering and Maintaining a Mark
- 1. Do I need an attorney to file a trademark registration?
- 2. Where can I find an experienced trademark attorney?
- 3. Where should I register my mark in the United States?
- 4. What are some costs to register a mark?
- 5. What are some benefits of registering a mark?
- 6. Are there pitfalls in the registration process?
- 7. What might happen if I try to register a mark that is descriptive?
- 8. Do I have to start using my mark before applying to register it?
- 9. What is the effect on conflicting users of filing an intent to use application?
E. Maintaining a Registration Within the United States
- 1. Will I own my registration forever?
- 2. What should I do to maintain my mark?
- 3. What should I do if I discover another person who is using my mark, or one that seems confusingly similar to my mark?
- 4. What good does it do to put a conflicting user on notice of a conflict?
- 5. What should I do if a conflicting user refuses to respond favorably to my attorney's letter?