Trademarks

Trademark Overview

A trademark is a word, name, symbol, slogan, sounds or color used to distinguish your goods and services from everyone else’s.  A trademark can be registered and typically may be renewed for as long as it is being used.   Trademarks range from professional sporting team logos to the phrase ‘Blue Light Special’ used by K-Mart to the General Electric slogan “we bring good things to light.”

Filing a trademark is a more streamlined process than for a patent application, but like other legal documents, must be completed with due care.  A trademark application can be filed prior to use of the mark in commerce (e.g., prior to interstate sales) or after use of the mark begins.  MBV will assist in the preparation of the application and filing of the application with the Trademark Office.  After the application has been filed, a Trademark Examiner conducts a search to determine if the given mark is confusingly similar to an existing trademark. He will also check to see if all of the sections of the application, such as the description of the goods and services, are complete and accurate. Marks filed prior to “use in commerce” are given a period of time to perfect the application by filing a “statement of use” when the use in commerce begins. If the mark is not in use, extensions of time must be sought until the mark is actually used in commerce. A trademark will not be registered until such use in commerce commences.  If the trademark is approved for registration, the trademark gets published in the Official Gazette of the Patent Office, a national publication.  The general public may express concern if they feel the mark is too close to their existing trademark. If no one writes opposes the trademark, then the Trademark Examiner sends the mark to be registered.