QandAs: Legal

How Do I Enforce a Trademark?

Answer:
A trademark is automatically protected by common

law as soon as you use your mark. The first entity that uses a particular name or slogan has a right to the use of such name or slogan. Many people like to place a “TM” next to their trademark; however, this is not required or necessary. The simple use of the trademark confers ownership.

If you wish to register your trademark in your state, it’s relatively simple and inexpensive. This type of registration provides protection beyond the automatic common law protection. If you want your trademark protected indefinitely, and in all states, you may want to consider federal trademark registration. After you’ve registered you’re trademark with the U.S. Patent and Trademark Office (USPTO) the registration symbol should accompany your trademark. (This symbol is the “R” in a circle: ®)

Unless a business is actively using a trademark they can’t stop others from using the same or a similar trademark. Active use of a trademark means that it must be at work in the marketplace to identify specific goods or services.


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