Trademark

TRADEMARK

A trademark is any work, name, device, or symbol, or any combination of them adopted and used by a manufacturer or businessman to distinguish or identify his goods or services from those goods manufactured or sold by others. Though patents and copyrights are specifically provided for in the U.S. Constitution, under Article 1, Section 8, the law of trademarks is not provided for in the Constitution. Federal trademark registration is based on the Interstate Commerce Clause in Section 8 of the Constitution, meaning that trademarks must be registered both federally, and in separate states of the union.

Applying for a trademark for federal registration entails processing by the U.S. Patent Office, a division of the Department of Commerce. Each state maintains trademark registers. In the United States all trademark rights require actual usage, not simply intended use. Trademarks are divided into strong (technical) trademarks, like Kodak (a coined expression), and weak (descriptive) trademarks, like Jucy (a phonetic variety of "juicy"). Trademarks must be renewed every 20 years, including a sixth year affidavit of use registration. A trademark is not the same as a trade name. Coca-Cola is a trademark, and Coca-Cola Co. is the trade name of the manufacturer. Trademark systems are used worldwide, and a U.S. trademark owner seeking to protect the use of his trademark in foreign countries must register it on a country-by-country basis. A trademark is a precious commodity for any flourishing business, and the use of trademarks is carefully monitored by business.

See also: Brand Names