考虑影响 & Benefits of Trademarks and Trademark Registration When Forming Your Business - January 2014

by 克里斯汀R. Jurjevich.

在成立新企业(不论是有限责任公司、股份有限公司等)时.), often the focus lies on whether the name of the business passes muster with the State Corporation Commission (“SCC”). However, registering a business with the SCC merely gives one the right to do business in that particular state under that particular name. If you are interested in using a logo for your business or branding the goods or services that your business provides, you may want to establish a trademark or service mark that is associated with your business’s goods or services.

商标是一个词, phrase, symbol, design, or a combination thereof that identifies and distinguishes your goods from similar or identical goods that are offered by others. [2]十大正规网赌网址商标与商标相同, except it identifies the source of a service as opposed to a good. [3] The trademark or service mark may be the same as the name of your business, or it may be different. However, registering a business name with the SCC does not qualify as trademark use, nor does it mean that you have acquired trademark rights in the name you chose. 此外, even if you successfully register to do business under a particular name with the SCC, this could not be used as a defense if another party later tries to prevent your use of the business name if they believe a likelihood of confusion exists with their trademark.

Thus, 实际上, you should consider the possibility that someone else may claim rights to a trademark that is similar to the name of the business you intend to form. 在成立你的公司之前, it is worthwhile endeavor to first conduct a thorough search for other businesses, brands, or trademarks that may be confusingly similar to the name you intend to use for your business. 如果没有, you should consider whether you would like to establish your own trademark, 可能使用你的企业名称或不同的标志, 给你的商品或十大正规网赌网址打上品牌.

You can establish rights in a mark based simply on using the mark in commerce. This is sometimes referred to as a “common law” trademark or service mark. Often you will see a “TM” (trademark) or “SM” (service mark) behind a brand or logo that is not federally registered or for which federal registration is pending. Your common law trademark would be protected in the area that you use the trademark. Some states offer trademark registration; however, state registration typically provides rights only within the borders of the state.

一旦你建立了一个与你的业务使用的标志, you have the option to federally register your trademark with the United States Patent and Trademark Office (“USPTO”), which provides more protection than a common law or state-registered trademark. 联邦注册商标通常以®符号指定. 联邦注册有几个好处, 包括(1)你拥有商标的法律推定, and you have exclusive rights to use the mark nationwide on or in connection with the goods/services listed in the registration; (2) the ability to bring an action for infringement concerning the mark in federal court; (3) statutory protection, including the ability to recover statutory damages and attorney's fees for infringement; [4] (4) the ability to record the registration with the U.S. Customs and Boarder Protection Service to prevent importation of infringing foreign goods; (5) The use of the us registration as a basis to obtain registration in foreign countries; (6) listing in the USPTO databases and the right to use the federal registration symbol ®.

如果你决定在你的企业中使用一个商标, 并进一步决定在联邦注册该商标, 请记住，不是每个商标都可以在美国专利商标局注册. The USPTO will not register a mark if there is a likelihood of confusion with another mark that is already registered or pending registration. 此外, the USPTO will not register a mark that is merely descriptive or generic, 除非标记有, over time, acquired a certain level of distinctiveness such that consumers associate the mark with your goods or services.

有关商标的详细资料, 十大正规网赌网址商标, 以及联邦注册, 包括注册过程, please see Protecting Your Trademark: Enhancing Your Rights Through Federal Registration[5]或者你可以联系 克里斯汀R. Jurjevich在Pender & 为你或你的企业注册商标的十大正规网赌网址.