Introduction to Trademark Law

PlaceholderA trademark is any distinct, specific sign or symbol designated to distinguish a product or service from others on the market. In order to qualify as a trademark, the mark must be attached to the goods or services it is representing. Also, in order to qualify for federal protection under the Lanham Act, the goods or services must be offered for sale in interstate commerce. The Lanham Act is the primary federal trademark statute of law in the United States and prohibits trademark infringement, trademark dilution, and false advertising. The law considers trademarks the intellectual property of a business and prohibits other companies from using proprietary phrases and designs, but there are several legal steps to receive an official Certificate of Registration before you can begin using a trademark. Consulting an attorney first will help facilitate the process of registering your trademark and protect your intellectual property.

Any of the following that relate specifically to your company can be trademarked:

  • Branding
  • Signature phrases
  • Unique Designs or Logos
  • Name of company or product
  • Packaging and actual shape of product
  • Colors specifically associated with product

Contact the Law Office of Robin C May at 859-699-2476 to schedule a complimentary consultation to protect your original, creative work.

This article is part of a series about Intellectual Property Law:

  • Introduction to IP Law
  • Copyright Law
  • Patent Law
  • Trade Secrets
  • Unfair Competition