A trademark is a symbol, word, or phrase that is used to identify a seller or manufacturer’s products, thereby distinguishing them from the products of another. There are circumstances whereby a trademark can extend beyond words, symbols, and phrases. An example is the coloring or packaging of a product.

Trademarks make it easy for consumers to identify the source of a service or product. The use of trademarks is also an incentive for a manufacturer of a product to invest in the quality of their goods (and can be set up through an Orange County trademark attorney). Products that are readily identifiable may be distinguished from those found by consumers to be lacking in quality.

For a trademark to qualify as such, the mark has to be distinctive. “Distinctive” means the mark must be capable of identifying the product or service being offered.

A trademark also has to be past the test of being more than just “generic”. A generic mark is not protected by trademark law, because is too useful for identifying a particular product or service. As an example: The term “computer” is too generic, and would give the manufacturer too great a competitive advantage over others.

There are,of course, benefits to having registered a trademark. There is constructive nationwide notice of the owner’s claim. If there is a dispute, the trademark registration will fall under the jurisdiction of the federal courts. If the trademark is registered, it serves as a solid basis to register for a trademark in other countries.

Submitting a trademark application to the USPTO (United States Patent and Trademark Office) starts the process, but does not guarantee a registration. Remember, if there is doubt or uncertainty with respect to a filing process, you can always seek the help of a professional.

Contact Vic Lin for a free consultation regarding intellectual property law.