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The Idea behind Trademarks

Owner
Matthew
Many people wonder what is the purpose of trade marks. Trademarks aim to create a distinct symbol that will lead to instant recognition for that particular product or company. The use of trademarks has legal implications and it is protected by the common law as well as Federal laws.

A trademark owner is entitled to the exclusive use of the trademark in the product specifically intended to be identified by the trademark or to other related product which he owns.

The trademark user and owner can register his trademark with the Patent Office. Any trademark can be registered for as long as it is not owned by anyone and that the entity seeking its registration is already using or is planning to use the trademark in the future.

Trademarks are different from patents and copyrights in the sense that a copyright is geared towards the protection of original works of art including music or literary works while a patent is geared towards the protection of an invention.

Why should individuals or companies register their trademarks if these are already protected by law even if they are unregistered? Registration of trademarks is encouraged because the fact of registration serves as legal notice to the public that it is already being used and owned by another. The owner can also sue another entity in court, for using a registered trademark. Such registration can also be used as a basis for registering the same trademark in other countries.

Registration of trademarks or service marks can be done through the Internet. After submitting the form online, the registrant can conveniently receive an initial receipt from the Trademark Office. Applications can also be delivered to the Trademark Office.

The registration process is actually quite simple and there is no need to hire a lawyer.

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