As we discussed earlier, a trademark is a form of “intellectual property” that identifies the source of origin of a product or service. These trademarks can take the form of any of the following:
Names
Words
Phrases
Logos
Symbols
Colors
Scents
Designs
Images
Simply using any of these items or combination thereof to distinguish one’s product or services can afford the owner trademark protection under what is known as “Common Law Trademark Protection.” However, it is advisable to register a trademark in order to be afforded the highest level of protection and to ensure the owner the ability to recover damages if trademark infringement occurs.
Federal trademark registration is handled through the U. S. Patent and Trademark Office (PTO). States also have a process for trademark registration. For example, in Rhode Island trademark registration is handled through the RI Secretary of State’s Office. In order for a trademark to be registered it must be:
1- Trademark, Service Mark, Collective Mark or Certification Mark (more on these distinctions later)
2- A devise or method adopted or used to distinguish the goods or services from those of others
3- Distinctive, arbitrary or fanciful
4- Not confusingly similar to marks previously or currently in use or registered
Trademark registration can be a lengthy and detailed process and it is advisable to obtain the services of an attorney who specializes in this area of practice. Before a trademark can be registered, a search must be performed to establish whether the criteria listed above are met. In addition, there is a period whereby competitors or other entities may contest this registration.
So before you add that new logo to your stationary or launch that new packaging for your product, be sure that this new trademark can be registered and that it will not come back to haunt you.
Disclaimer
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
(c) Copyright - 2010
Monday, June 14, 2010
The Basics of Trademarks: What is a Trademark?
Trademarks and the concept of trademark protection have been in existence for literally thousands of years dating back to the days of the Roman Empire when blacksmiths would emblazon swords that they had crafted with a distinctive symbol. The trademark was affixed to the finished product to identify the originating craftsman or shop.
Trademarks have come a long way since that time and can now consist of nearly any type of identifying feature that signifies or identifies the person or company that created, sells or markets a particular product or service. Trademarks can consist of any single or combination of identifying features including but not limited to the following:
Names
Words
Phrases
Logos
Symbols
Colors
Scents
Designs
Images
A trademark not only serves to identify the producer or seller of a particular product or service but also serves to differentiate the item from similar products produced by a competitor. Trademarks can be owned by individuals, businesses or any other legal entity and are considered to be Intellectual Property. They also may be sold, leased or licensed to outside parties but also must be “active” to be considered protectable.
Trademark protection applies to both registered and unregistered symbols, logos, designs, etc. For instance, if a company has sold a product under a distinctive brand name for a period of time without registering that name with either a national or state trademark office may still be afforded trademark protection for that name and may seek and be awarded damages for any infringement.
Next we will talk about the process for registering trademarks.
Disclaimer
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
(c) Copyright - 2010
Trademarks have come a long way since that time and can now consist of nearly any type of identifying feature that signifies or identifies the person or company that created, sells or markets a particular product or service. Trademarks can consist of any single or combination of identifying features including but not limited to the following:
Names
Words
Phrases
Logos
Symbols
Colors
Scents
Designs
Images
A trademark not only serves to identify the producer or seller of a particular product or service but also serves to differentiate the item from similar products produced by a competitor. Trademarks can be owned by individuals, businesses or any other legal entity and are considered to be Intellectual Property. They also may be sold, leased or licensed to outside parties but also must be “active” to be considered protectable.
Trademark protection applies to both registered and unregistered symbols, logos, designs, etc. For instance, if a company has sold a product under a distinctive brand name for a period of time without registering that name with either a national or state trademark office may still be afforded trademark protection for that name and may seek and be awarded damages for any infringement.
Next we will talk about the process for registering trademarks.
Disclaimer
This article is intended for informational purposes only. It should not be construed as legal advice and readers are encouraged to consult a qualified attorney regarding these matters.
(c) Copyright - 2010
Tuesday, June 8, 2010
The Uniform Trade Secret Act: What is a Trade Secret?
The Uniform Trade Secret Act, which has been adopted by 46 states is designed to protect the owners of valuable business information. The definition of trade secret is so broad it might almost be limited only by human ingenuity and creativity. Among the many types of items which can be defined as trade secrets are the following:
Manufacturing processes
Formulas
Programs
Devices
Techniques
Information
In order for something to be considered a trade secret it must have independent economic value (either actual or potential) and that value is contingent on it not being readily known by others. The trade secret must be also subject to reasonable efforts by the holder of that information to protect its secrecy from others.
In addition to the above technical types of trade secrets are any non-technical data that may also provide the holder with an economic advantage. Sales data, marketing reports and studies, cost reports, bid information and internal pricing data have also been held to be considered trade secrets.
Also, certain compilations of data, which might exist separately in the public domain such as customer lists can be deemed to be trade secret protected providing that certain criteria are met. Where a simple list of a company’s clients may not pass muster as a protectable trade secret, one which contains detailed contact information, sales histories and pricing information may meet this standard.
Negative information may also be deemed a trade secret if it provides economic benefit to the holder. If a manufacturing company possesses data that a particular process or material will either fail or be cost prohibitive, withholding that data from competitors will certainly benefit the holder even if it is to the detriment of the competitor.
No process, formula, program or other similar item can be considered a trade secret if it exists in the public domain or can be ascertained with very little effort or expense. So before you post that new idea or device on the internet or in a journal, understand that trade secret status is lost the moment this occurs.
Manufacturing processes
Formulas
Programs
Devices
Techniques
Information
In order for something to be considered a trade secret it must have independent economic value (either actual or potential) and that value is contingent on it not being readily known by others. The trade secret must be also subject to reasonable efforts by the holder of that information to protect its secrecy from others.
In addition to the above technical types of trade secrets are any non-technical data that may also provide the holder with an economic advantage. Sales data, marketing reports and studies, cost reports, bid information and internal pricing data have also been held to be considered trade secrets.
Also, certain compilations of data, which might exist separately in the public domain such as customer lists can be deemed to be trade secret protected providing that certain criteria are met. Where a simple list of a company’s clients may not pass muster as a protectable trade secret, one which contains detailed contact information, sales histories and pricing information may meet this standard.
Negative information may also be deemed a trade secret if it provides economic benefit to the holder. If a manufacturing company possesses data that a particular process or material will either fail or be cost prohibitive, withholding that data from competitors will certainly benefit the holder even if it is to the detriment of the competitor.
No process, formula, program or other similar item can be considered a trade secret if it exists in the public domain or can be ascertained with very little effort or expense. So before you post that new idea or device on the internet or in a journal, understand that trade secret status is lost the moment this occurs.
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