| Patents, Copyrights and Trademarks | |
Look at the upper right-hand corner of this page. The word "ABOUT" with the red ball forming the "O" is the registered trademark of About.com. Similarly, the word "Coke" is just one of the many registered trademarks of the Coca-Cola Company. In a very real sense, trademarks are how we know who makes what we are consuming.
Trademarks are registered by the U.S. Patent and Trademark Office (USPTO). Many of the Web links that follow refer to the the Trademarks section of their Web site.
Who Needs a Trademark
Trademarks and service marks are registered by businesses and manufacturers who
want to clearly and publicly identify or "brand" their goods,
merchandise or services as being distinct and different from those offered by
others.
What Does a Trademark Do?
According to the U.S. Patent and Trademark office:
- A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
- A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
While registering a trademark is not required by law, most businesses choose to do so. Registering a mark with the federal government establishes legal public notice of the registrant's claim of ownership of the mark. In addition, registration establishes the registrant's exclusive legal right to use the mark throughout the United States. [Details from the Patent and Trademark Office]
How to Register a Trademark or Service Mark
The first thing to do is make sure nobody else has already registered a
similar trade or service mark. One way to do this is by using TESS
- the Trademark Electronic Search System. Updated daily, TESS now contains
more than 3 million pending, registered and dead federal trademarks. [Also refer
to: Patent and
Trademark Depository Library Program]
- File a Trademark
Application Online
Use the Trademark Electronic Application System (TEAS) to file an application over the Internet, 24-hours a day, seven days a week. - Details
Required on the Application
The application for trademark registration must include the name of the applicant; a name and address for correspondence; a clear drawing of the mark; a listing of the goods or services; and the filing fee for at least one class of goods or services. - Hand Deliver or Mail an Application
While the Patent and Trademark Office prefers online filing, you can file an application by hand or regular mail. The only way you can get a paper copy of the trademark application form is by calling USPTO's automated telephone line, at (703) 308-9000 or (800) 786-9199. They will not accept applications via FAX. Paper trademark applications should be mailed to:
Commissioner for Trademarks
Box-New App-Fee
2900 Crystal Drive
Arlington, VA 22202-3513
Note that most of the forms on this page have been replaced by functions of the Trademark Electronic Application System (TEAS).
Complete current U.S. Trademark Law Rules of Practice and Federal Statutes
For More
Information
For detailed or technical questions should refer to the Patent
Office's Contact Us Web page.
In addition, general inquiries about the patent and trademark systems, as well as the products and services of the USPTO may be mailed to:
General Information Services Division
U.S. Patent and Trademark Office
Crystal Plaza 3, Room 2C02
Washington, DC 20231
Also see > Patents > Copyrights
