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Trademarks

Source: Department of Commerce, Patent and Trademark Office.

A trademark may be defined as a word, letter, device, or symbol, as well as any combination of these, that is used in connection with merchandise and that points distinctly to the origin of the goods.

Certificates of registration of trademarks are issued under the seal of the Patent and Trademark Office and may be registered by the owner if he or she is engaged in interstate or foreign commerce. Federal jurisdiction over trademarks arises under the commerce clause of the Constitution. Effective Nov. 16, 1989, applications to register may also be based on a “bona fide intention to use the mark in commerce.” Trademarks may be registered by foreign owners who comply with U.S. law, as well as by citizens of foreign countries with which the United States has treaties relating to trademarks. U.S. citizens may register trademarks in foreign countries by complying with the laws of those countries. The right to registration and protection of trademarks in many foreign countries is guaranteed by treaties.

General jurisdiction in trademark cases involving federal registrations is given to federal courts. Adverse decisions of examiners on applications for registration are appealable to the Trademark Trial and Appeal Board, whose affirmances and decisions in inter partes proceedings are subject to court review. Before adopting a trademark, a person should make a search of prior marks to avoid unwittingly infringing upon them.

The duration of a trademark registration is ten years, but it may be renewed indefinitely for 10-year periods, provided the trademark is still in use at the time of expiration.

The application fee for registering is $325 per class.


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