Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
Are trademarks always protected by law?
Your mark (either trademark or service mark) is legally protected through common law once it goes into commercial use, but sometimes it makes sense to register your mark.
Is trademark federal or state law?
The United States has two types of trademark registration, state and federal. A state trademark is issued by a state office, whereas a federal trademark is issued by the United States Patent and Trademark Office (USPTO). … However, registering a trademark federally offers much more legal protection.
Are trademarks protected?
In short, a trademark is a word, phrase, symbol, design, or combination that helps consumers identify a particular product. A service mark is the same but pertains to a service instead of goods. Both marks are protected once they are used. This includes both registered and unregistered trademarks.
What are the 3 types of trademarks?
Different Types of Trademarks
- Descriptive Trademarks;
- Merely Descriptive Trademarks;
- Generic Trademarks;
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What is not protected by trademark laws?
The following are not protected by copyright, although they may be covered by patent and trademark laws: works not fixed in tangible form of expression (eg, speeches or performances that have not been written or recorded); titles; names; short phrases; slogans; familiar symbols or designs; mere variation of typographic …
Can you sue for unregistered trademark?
In contrast to federal registration, common law trademarks are usually enforceable only within the geographic region or locale where the trademark owner is using it in business. When an infringement occurs, an unregistered trademark owner may not be able to sue and collect damages or recover attorneys fees.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can you trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.