Trademarks

= = =What is a trademark?= A trademark, trade mark, or "trade-mark" is a type of intellectual property in the form of recognizable [|sign], [|design] logo, or [|expression] which **identifies and differentiates ** [|products] or [|services] of a particular source from those of others. The trademark owner can be an individual, [|business organization], or any [|legal entity]. A trademark may be located on a [|package], a [|label], a [|voucher] or on the product itself. Trademarks are used to claim //**exclusive usage rights **// to the properties of products or services.
 * =Student files= ||  ||
 * Assignment Instructions || * Create a logo/design/sign for your new venture and/or its product or service.
 * Follow the design criteria for impactful logos
 * Check for the availability of the words you use in your logo on @http://uspto.gov and for the availability of the URL (e.g., @http://godaddy.com)
 * Complete the USPTO application form (below) to file your trademark ||
 * Trademark/Service Mark Application Form || [[file:new_teas_application.pdf]] ||

=History=  Bass Brewery's logo became the first image to be registered as a trademark, in 1875

 Research on trademarks usually cite that blacksmiths who made swords in the Roman Empire were the first users of trademarks. Other notable trademarks that have been used for a long time include Löwenbräu, which claims use of its lion mark since 1383. The unique aspect of trademarks, compared to other markings made by originators of products, is the registration of the mark with a government. The oldest registered trademarks in various countries include: =Symbols= The two symbols associated with U.S. trademarks ™ (the trademark symbol) and ® (the registered trademark symbol) represent the status of a mark and accordingly its level of protection. While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark following registration with the relevant national authority, such as the U.S. Patent and Trademark Office (USPTO or PTO). The proper manner to display either symbol is immediately following the mark in superscript style.
 * United Kingdom: 1876 – The Bass Brewery's Red Triangle for ale was the first trademark to be registered under the Trade Mark Registration Act 1875.
 * United States: The first application for trademark registration was made by J.J. Turner & Co., filed July 28, 1870, for the mark "EXCELSIOR No. 1 Peruvian Guano", for //fertilizer//. However, the first trademark to be registered issued from the 15th application to be filed: a design mark with an eagle and a ribbon and the words "Economical, Brilliant", filed by the Averill Chemical Paint Company. It was filed August 30, 1870, but was the first registration to issue, on October 25, 1870. The oldest registered trademark still in use is trademark reg. no 11210, a depiction of the Biblical figure Samson wrestling a lion, registered in the United States on May 27, 1884 by the J.P. Tolman Company (now Samson Rope Technologies, Inc.), a rope-making company.
 * United States: In 1923, the businessman and author Edgar Rice Burroughs registered his fictitious character Tarzan as a trademark; even after the copyright to the Tarzan story expired, his company used ownership of the trademarks relating to the character (which unlike copyrights, do not have a limited length) to control the production of media using its imagery and license the character for use in other works (such as adaptations). This practice is a precursor to the modern concept of a media franchise.
 * In 1980, there were fewer than ten thousand registered high-tech trademarks in the United States. In 2011, there are more than 300,000.
 * In 1997 the singer Ernest Evans aka Chubby Checker registered his stage name as a trademark and in 2011 he sued two companies for infringement.

= ** Considerations for filing a trademark application ** = Before starting the application process, it is important to have clearly in mind (1) the mark you want to register; (2) the goods and/or services in connection with which you wish to register the mark; and (3) whether you will be filing the application based on actual existing use of the mark or a bona fide intention to use the mark in the future. This will make your search of the USTPO database more useful and may simplify the application process. More details on mark types, goods and services, filing basis, and searching are provided in the next four sections.
 * ==View: USPTO and Trademark Basics (12:11)== || media type="custom" key="23545352" ||

 ** Identifying Your Mark: Select One of Three Possible Formats **  An important consideration is the depiction of your mark. Every application must include a clear [|representation of the mark] you want to register. We use this representation to file the mark in the USPTO search records and to print the mark in the //Official Gazette// (//OG//) and on the registration certificate. The //OG//, a weekly online publication, gives notice to the public that the USPTO plans to issue a registration.  For further information about this topic, please watch a news broadcast-style video on "Drawing Issues" (video #5 in the [|Trademark Information Network (TMIN) series] ).

 ** Identifying Your Goods and/or Services **  Once you have chosen your mark, you must also be able to identify the goods and/or services to which the mark will apply, clearly and precisely. The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services. The level of specificity depends on the type of goods and/or services. For examples of acceptable identifications, please consult the [|Acceptable Identification of Goods and Services Manual] (ID Manual). **NOTE:** Under U.S. Trademark law, class headings from the [|International Schedule of Classes of Goods and Services] by themselves are **not** acceptable for registration purposes. The specific items of goods and/ or services must be listed. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; vertical-align: baseline;"> For further information about this topic, please watch a news broadcast-style video on "Goods and Services" (video #6 in the [|Trademark Information Network (TMIN) series] ).

<span style="font-family: Arial,Helvetica,sans-serif; font-size: 120%; vertical-align: baseline;"> ** Searching Marks in USPTO Database ** <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; vertical-align: baseline;"> You should [|search the USPTO database] before filing your application, to determine whether anyone already claims trademark rights in a particular mark through a federal registration. Failure to conduct a proper search may result in your not making a proper assessment as to whether an application should even be filed. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; vertical-align: baseline;"> For further information about this topic, please watch a news broadcast-style video on "Searching" (video #3 in the [|Trademark Information Network (TMIN) series] ).

<span style="font-family: Arial,Helvetica,sans-serif; font-size: 120%; vertical-align: baseline;"> ** Identifying the Proper "Basis" for Filing a Trademark Application ** <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; vertical-align: baseline;"> A trademark application must specify the proper [|"basis" for filing], most likely either a current use of the mark in commerce or on an intent to use the mark in commerce in the future. Understanding the distinction between these filing bases, and the implications of selecting one, are important considerations before starting the application process. <span style="font-family: Arial,Helvetica,sans-serif; font-size: 12pt; vertical-align: baseline;"> For further information about this topic, please watch a news broadcast-style video on "Filing Basis Information" (video #7 in the [|Trademark Information Network (TMIN) series] ).

=How to file an application for a trademark in the United States= []