Trademark and intellectual property lawyers are familiar with trademark statutes, rules, requirements and laws. Trademark and intellectual property attorneys help trademark applicants prepare and file trademark applications, monitor trademark issues and enforce trademark rights.
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the United States Patent and Trademark Office ( USPTO ).
The United States Patent and Trademark Office reviews trademark applications for federal registration and determines whether an applicant meets the requirements for federal registration. The USPTO does not decide whether an applicant has the right to use a mark (which differs from the right to register). Once a registration issues, it is up to the owner of a mark to enforce its rights in the mark based on ownership of a federal registration.
The United States Patent and Trademark Office is an agency of the U.S. Department of Commerce. The role of the USPTO is to grant patents for the protection of inventions and to register trademarks. It serves the interest of inventors and businesses with respect to their inventions and corporate products, and service identifications. It also advises and assists the President of the United States, the Secretary of Commerce, the bureaus and offices of the Department of Commerce and other agencies of the government in matters involving all domestic and global aspects of “intellectual property.” Through the preservation, classification, and dissemination of patent information, the Office promotes the industrial and technological progress of the nation and strengthens the economy.
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