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Trademark Rights
Under common law, rights begin the moment that a trademark is used and end the moment it ceases to be used. Under federal law, trademark priority rights can be preserved even before being used by filing an Intent-to-Use application. This application goes through the examination process, and, once allowed, must be converted to actual use by filing a Statement of Use (Allegation of Use).
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Different types of trademarks have
differing strength from strong to weak to non-existent.
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- Arbitrary - think "Kodak"
- Fanciful - think "Apple"
- Suggestive - "Fortune" for a magazine about money for example
- Descriptive - "Cooked Food" for a restaurant
- Generic (no rights) - think "Car" for an automobile
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Trademarks can be famous
if they have been in use for a very long time, with a strong history and, usually, extend to several different classes of goods or services.
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There are trademark rights under federal law, state laws and the common law.
Federal trademarks must be renewed every ten years.
Trademarks are for goods; service marks are for services. Both are usually referred to as trademarks.
Sounds have been trademarked. |
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