Trademark info

A trademark is words or symbols associated with a product. A service mark is
words or symbols associated with a service. The property right is created by first
use of the mark in the marketplace. Once created, the property right is the right to
prevent consumer confusion as to the source of goods in a given market. In other
words, trademarks or service marks are really source indicators. Trademarks can
be registered both at the State and Federal level.

Most words or combination of words and symbols can be used as trademarks.
However, the type of mark will determine the amount of protection and thus the
extent of exclusive use of the mark. A mark that is arbitrary and fanciful (Ex.
APPLE for computers) is the strongest type of mark. Suggestive and descriptive
marks get weaker protection. A mark that is generic gets no protection and thus
has no intrinsic value.

A State registered trademark gives its owner more rights than an unregistered
trademark, however, a Federal registration gives the greatest protection.

Not necessarily. A Federal registration does not supplant pre-existing rights (prior
user rights) in a mark. Prior user rights exist when someone uses a mark as a
trademark in a geographic area before another party files a Federal trademark
application.

The first party to use a mark as a trademark has the right to a Federal registration
provided that party can meet the requirements for Federal registration.

A Federal registration requires that the mark be used on goods or services in
interstate commerce. For goods, product bearing the mark must have been sold
across state lines. For services, services must have been provided to someone in
another State as a result of advertising or marketing the services using the mark.
Marks used on goods or services for sale only in commerce within a single State
do not qualify for Federal registration. If you are currently selling goods or offering
services in interstate commerce, your mark qualifies for Federal registration. A
Federal registration is highly recommended for those companies who plan to
expand beyond their immediate geographic market and intend to use their
trademarks and/or service marks in their expansion.

A trademark may last indefinitely provided that it is used and, to retain Federal
registration status, the renewal fees to the PTO are paid.