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A trademark or service mark is a name, logo, symbol, sign, product shape, slogan or even jingle that is used to identify the goods or to advertise the services of a business. Examples of various types of well-known trademarks are the name Nike®, the Nike® swoosh logo, the slogan “Just do it”, and the shape of the Coca-Cola® bottle. Product shapes, known as “trade dress” may be protected through a trademark application to the U.S. Patent & Trademark Office.
A federally registered U.S. trademark allows its owner to prevent all others in the United States from using the same or similar name or logo in such a way as to generate a likelihood of confusion between the two marks.
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After a trademark is federally registered, it must be renewed between the fifth and sixth year, between the ninth and tenth year, and then every 10 years thereafter in order to maintain the trademark. Unlike patents and copyrights, which grant protection for a finite period of time, trademark protection can last forever as long as the trademark owner continues to use and renew the trademark every 10 years.
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Trademark law is governed by both state and federal law. A state trademark only grants local trademark rights within that state, however. A federally registered trademark is granted by the United States Patent & Trademark Office. Once federally registered, a trademark allows its owner the exclusive right to use their mark within their registered class throughout the United States.
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Using a name or logo without a U.S. federally registered trademark will allow someone else to use your name or logo to sell goods or advertise services in every state where you do not currently use that name or logo. Even if you are the first to use your mark within a specific geographic area, another company or individual can still obtain a federally registered trademark over the exact same name or logo and be granted the exclusive rights to that name or logo throughout the rest of the United States.
Through the enormous growth of the internet and the emergence of e-commerce, many businesses that once operated exclusively in a local market are now able to provide services and sell products throughout the United States and the world. As a result, there is a greater need today than ever before to protect your name or logo by federally registering your trademark.
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