In today’s competitive market, trademarks – whether company names, product names, logos, or symbols – are among the most valuable and vigorously protected intellectual property assets for businesses of all sizes. Whether you’re a solo entrepreneur or a major corporation, securing trademark protection is crucial to both enhancing your brand’s value and boosting public recognition.
At Bay State IP, we take great care in preparing trademark applications with a meticulous approach aimed at achieving successful outcomes for our clients. Our attorneys work closely with clients to craft applications that are clear, precise, and aligned with the specific requirements of the United States Patent and Trademark Office (USPTO). We strategically draft the applications to highlight the distinctiveness and uniqueness of our clients’ brands, positioning them for strong protection. Throughout the process, we provide detailed guidance on the selection of international classes, specimen submissions, and any additional documentation required. Our goal is not only to secure trademark registration but also to lay a solid foundation for ongoing brand protection and enforcement.
The United States Patent and Trademark Office (USPTO) was established in line with the U.S. Constitution to promote “the Progress of Science and useful Arts” by securing exclusive rights to creators for their writings and inventions. This extends to the protection of trademarks, which distinguish the goods and services of one entity from those of others.
In the U.S., trademark registration protects distinctive words, names, logos, sounds, or colors that signify the source of a product or service. Unlike patents, trademarks can be renewed indefinitely, so long as they remain in use in commerce.
Trademark Symbols:
TM
Used for common law trademarks (unregistered marks used in commerce).
SM
Used for common law service marks (unregistered service-related marks).
®
Used for federally registered trademarks.
Types of Trademarks
When filing an application with the USPTO, there are two main formats for marks:
Standard Character Marks
This format is for word marks that are represented without any specific claim to font, style, color, or design elements. It allows maximum flexibility in how the mark is presented.
Stylized or Design Marks (Special Form):
This format applies to marks that include specific design elements, logos, or stylized lettering. Protection extends to the exact representation of the mark as it appears in its design form.
Federal Trademark Registration Rights:
Registered Trademarks
A federally registered trademark provides the exclusive right to use the mark nationwide and the ability to take legal action against infringers. Registration also provides public notice of the mark’s ownership, preventing others from claiming similar marks in commerce.
Common Law Trademarks
Even without federal registration, common law trademarks (marks used in commerce but not registered) grant some protection. However, they’re limited to the geographic areas where the mark is actively used, and the protection may be weaker than that of a registered trademark.
Duration and Renewal of Trademarks
Unlike patents and copyrights, which have fixed lifespans, trademarks can last indefinitely so long as the owner continues to use the mark in commerce. Trademark holders are required to file Section 8 Affidavits of continuous use and Section 9 Renewal Applications to maintain registration, ensuring their mark remains protected.
Get Started with Bay State IP
Contact Bay State IP today to discuss how we can help you protect and defend your valuable intellectual property. Whether you need assistance with enforcing your patent rights or defending against an infringement claim, we’re here to help safeguard your innovations.
