Employment and Labor Relations Law Glossary Terms

Trademarks or service marks,(also referred to just as "marks"), protect brands, brand names, symbols, logos, devices, and designs applied to products or used in connection with services. A trademark can be words, a design, a color, a sound, a smell and even the way something feels as long as it is distinctive. The USPTO issues federal mark registrations used "in commerce," which is generally in more than one state. Only marks with final USPTO federal registration can be shown with the "®" symbol. Federally registered marks are benefited by: the owner’s ability to take action in federal court on behalf of the mark; the owner's ability to legally enforce the mark nationwide; the owner's ability to use the filing date of the U.S. application in a foreign registration to predate registrations in foreign countries; and the owner's ability to record the registration with the U.S. Customs Office (to prevent the importing of infringing foreign goods). U.S. federal trademark registrations are valid for 10 years after registration, providing that the owner uses the mark during the terms and an "Affidavit of Use" has been filed between the fifth and sixth years following registration. States also issue state trademark protection. Federal trademarks are issued and enforced by each country.