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TRADEMARKS
A trademark is any word, name, symbol or device used by a merchant to identify a source of goods and distinguish such goods from the goods of others.
Service marks are marks that are used to identify services instead of goods. Trademarks and service marks are virtually identical in every aspect expect that trademarks identify goods and service marks identify services.
Trademark/service mark rights are initially obtained under common law by simply using a mark in association with a commercial activity. If a mark is being used to identify goods or services, and the mark is being used in association with commercial activity across states lines (i.e., inter-state), a federal registration is typically obtained on the mark.
The United States Patent and Trademark Office (USPTO) issues federal trademark registrations in the United States. Most states also issue state trademark registrations. Trademarks can also be obtained from trademark offices in most foreign countries.
Federal trademark registrations are used to protect marks nationwide, while state trademarks are used to protect marks only in an individual state (i.e., intra-state).
There are thirty-four possible classes of goods and eleven possible classes of services that can be selected for a trademark/service mark application filed with the USPTO.
The term of a federal trademark is ten years and can be renewed perpetually for periods of ten years as long as the mark is still in use on the goods or services in inter-state commerce.
Once a federal registration is obtained on a mark, the owner of the registered mark is given the right to prevent others from using the mark in connection with a sale, offering for sale, distribution, advertising or other commercial activities of any goods or services using the mark.
Use of the mark includes such use that is likely to cause confusion, to cause mistake or to deceive in relation to the origin, sponsorship, or approval for the goods or services protected by a registered mark.
On the Internet, trademarks may be misused or infringed in domain names, hyperlinks, metatags, hidden text or in the visible text of a web page.
Trademark and service mark registrations are typically obtained to protect marks identifying an organization's new slogans and desired banding for its new products and/or services.
The attorneys of the Lesavich High-Tech Law Group, PC have significant experience obtaining trademark registrations for all types of clients in many different types of industries.
The firm prepares and prosecutes trademark applications in the United States. The firm also opposes and defends trademarks and provides litigation and litigation consulting for trademark disputes.
Through our network of foreign associates, we assist clients with obtaining and protecting trademarks worldwide. | 
