Federal Trademark Law
Trademark Protection and Rights for Use and Possible Dispute
Trademark law is designed to designate goods or services being used in commerce, giving consumers the ability to clearly decipher one product from another, based on the distinguishing mark. Trademark protection covers words, symbols, names, sounds, colors, and even fragrances, as long as they are not generic, and are not already being used.
Also, one mark cannot impede on the business of another by potentially confusing consumers or altering public perception with a similar or matching symbol, word, color combination, design, or other distinguishing feature. This is where a possible trademark dispute occurs; then the courts decide when one individual’s or company’s trademark rights are being jeopardized by another or not.
Trademark Protection Granted by Federal Trademark Law
Trademark protection is extremely important for a business trying to develop consumer recognition. A distinguishing mark sets a particular product apart from another product, helping to build brand-loyalty and business through recognition of the trademark. If that characterizing feature was then used by another company, all the time and effort put into building awareness of a good or service could become worthless.
Individuals and companies register their marks with the United States Patent and Trademark Office (USPTO) for the enhanced trademark protection granted with registration, although merely using a mark in commerce legitimately does establish ownership under trademark law. Still, having a federally registered mark does make a trademark more secure, which is extremely important if and when a trademark dispute arises.
Trademark Rights Granted by Federal Trademark Law
The trademark rights of a federally registered mark owner allow an individual or company to use their feature exclusively, without fear of another entity claiming prior ownership. At the same time, they have the ability to bring a dispute over another’s use of a similar or conflicting trademark.
Benefits of Registered Trademark Rights
- right to give public notice of a registered mark
- legal exclusive right to the mark for goods or services listed in federal trademark registration
- right to bring trademark dispute to court
- ability to file for a foreign trademark using the United States registration
Grounds for a Trademark Dispute
There are a number of valid reasons for a trademark dispute. Whenever the owner of a mark believes that another product, whether in direct competition of the first product or not, infringes on their trademark rights, there is potential for a legal problem. A trademark dispute written about in WIRED (April 3, 2008) by Bryan Gardiner, “Apple to New York City: Bite Me,” involved New York City’s GreeNYC campaign and Apple Inc. GreeNYC filed for the ownership of an apple logo, similar to the logo of Apple Inc. Apple Inc. filed a formal opposition to the trademark, claiming it would infringe on the company’s reputation. Apple Inc. has been involved in a number of trademark disputes over their popular fruit logo.
A simple cease and desist letter, asking the infringing party to stop using the conflicting mark can dissolve the issue, but some cases have to be decided in court. The most common dispute is trademark infringement, when one entity starts using the same or a similar mark or another. False designation of origin, false representation of advertising, and trademark dilution can all also lead to a civil suit. Trademark dilution is when the impact of a particularly famous mark is diluted or reduced by another mark, even if the mark is for a completely different class of goods and services, such as was the case with the apple logo dispute.
Trademark law is in essence clear and well-purposed, although federal registration certainly enhances trademark protection, and secures certain legal rights. Still, disputes are bound to happen, leaving the courts to ultimately decide the validity of a mark.
Sources:
United States Patent and Trademark Office
“Trademark Overview” (Cornell University Law School)
Trademark Law Gives Protection to a Mark Owner
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