Trademarks

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If you are wondering what a trademark is, think about one of your favorite foods or drinks. For example, if you love to eat Wise Potato Chips then you know that every bag has a yellow and blue owl eye on the front. That logo or trademark for Wise Potato Chips is easily identifiable and distinguishes the product from others

A trademark ( ^¢ ) can be a:

• Device

• Distinctive word or phrase

• Name

• Symbol

Anybody has the right to put the distinctive symbol ( ^¢ ) to his or her word, phrase, or logo. But just because you put the trademark symbol there doesn't automatically mean that your work is protected from theft. To legally protect your work, you must register it. Trademarks can be registered in the state where you live if you only seek state protection. However, if you want to protect your trademark across the country, you will need to register it with the U.S. Patent and Trademark Office (USPTO). Fortunately, you can do all this over the Internet at www.uspto.gov. Once your trademark is registered nationally, you stop using the ^¢ and begin using the symbol. If you check back with the owl on the Wise Potato Chips bag, you'll notice the at its side.

Along with trademarks, there is also something referred to as service marks ( ^SM ). A service mark is a trademark for service indicating that your business name is nationally registered and protected under federal law. Stanley Steamer ^SM , the carpet cleaner company, is an example of a business using a service mark. The service mark is particularly valuable if you are considering a franchise operation and expanding the business across the country.

This is an important point: Registering your business name within your state is not the same as obtaining a trademark. All businesses must register their names within the state where they plan to do business. If you want your name to have national protection from others using it (or stealing it), then you will need to apply for trademark protection.

How can you find out if someone has already laid claim to a trademark or service mark? The USPTO has a database that you can check at www.uspto.gov/tmbd/index.

Why should you register a trademark ( ^¢ ) or service mark ( ^SM )? You should register a trademark or a service mark for federal protection in the event that someone tries to use or steal your work. If you learn that someone has stolen a trademark or service mark, you can obtain federal court orders to make sure he or she stops using your work.

What is the cost of registering a trademark or service mark? To obtain a federally registered trademark or service mark, the fee is $245.

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