What Does Trademark Law Do?
January 25, 2023Trademarking, a type of federal registration, is meant to enhance your organization’s rights and protect your intellectual property. With trademark law, you are able to solidify legal protection for a word, phrase, symbol, design — or even a combination of those — that identifies and distinguishes your company and its products or services from competitors and what they offer. In order to register a trademark, it must be distinctive and used in a capacity related to interstate commerce.
Commonly, trademarks are filed by organizations to safeguard their brand logo and names. Trademarks are popular, in part, because they aren’t limited to one item or service an organization offers. In fact, they can even be used interchangeably between goods and services.
Having a solid understanding of trademark law and how it works, along with guidance from legal counsel, can save your organization a lot of time and money. Note that trademarks require routine maintenance from a legal perspective, so it’s important to stay on top of your trademarks or have legal counsel who can do so on your behalf.
How Long Does a Trademark Last?
Part of what makes a trademark registration so important is it can be continuously renewed. In fact, legal trademark protection lasts as long as the trademark’s owner uses it. However, to maintain registration, the trademark owner must confirm they actively use their respective marks with the United States Patent and Trademark Office (USPTO) by filing a Section 8 declaration form between the fifth and sixth year since the trademark was registered by the USPTO (and this can be combined with the filing of a Section 15 declaration of incontestability).
Further, after 10 years of using a trademark, holders are required to provide evidence that the trademark is still used. This proof can come from a photo that shows the trademark in use on a product or service for sale or in some other official capacity. After proof is given to the USPTO, this step must be repeated every 10 years thereafter in order for the trademark to remain registered.
Can I Lose My Trademark?
The easiest way to lose your trademark is by not using it. This is commonly called abandonment. As mentioned above, you must provide evidence every 10 years to the USPTO to confirm you are using your trademark. By keeping up with this basic maintenance, it’s easy to keep your mark protected.
It’s important to remember that owning a trademark is contingent upon you actually using it. This concept extends beyond a court of law, since organizations have the ability to challenge your use of a mark. In fact, sometimes the USPTO approves trademarks that are later challenged and overturned. In these instances, it’s critical to have a lawyer who specializes in trademark law to defend and represent your interests.
Is a Trademark Legally Protected?
Trademarks are safeguarded by federal and state laws, though most trademark law issues are handled at a national level. The main federal law protecting trademarks is the Lanham Act, which was enacted in 1946 by the United States Congress. The law was amended most recently via the Trademark Modernization Act of 2020, which made several legal changes to trademark law including the creation of a new national rule affirming what a plaintiff is required to show in order to get an injunction in a Lanham Act-related case.
Is a Logo Protected by Trademark Laws?
Yes, logos qualify as intellectual property eligible for trademark law protection, as long as the logo in question is used for commercial purposes to promote and indicate the source of a brand or some of its products or services. An example of a logo that’s protected legally is the Nike symbol, which features a swoosh logo under its stylized brand name. Colors, fonts, shapes, and more combine to create powerful logos that can give you immediate brand recognition, making it critical to provide protection.
What’s Not Protected by Trademark Laws?
If something is not unique or used in a capacity relating to commerce, it cannot be protected by trademark law. So, if it is deemed generic or not distinctive enough, it won’t receive trademark law protection. Additionally, anything that is confusingly similar to an existing, registered trademark will not receive legal shielding.
Experienced Trademark Lawyers
Registering, having and protecting trademarks is often critical to the success of a business. According to the USPTO, retaining an attorney who specializes in trademark law can provide you with valuable legal advice before, during, and after a trademark’s application process. Counsel can also offer advice and protect your interests should a competitor challenge you, alleging you have infringed on their marks. The award-winning attorneys at Garner, Ginsburg & Johnsen, P.A. have a wealth of experience with trademark law that extends across industries and state lines.
Contact us to book a free consultation!