History Of US Trademark

Consumers in the 19 century had more face?to--face interaction with the manufacturer of the product they were purchasing. However, as 20 century consumers become less aware of where there products were coming from, Congress determined when creating the Trademark Act of 1905 that trademarks would serve to provide this information to consumers. However, trademark infringement cases were still limited to cases of direct competition and more specifically to goods with similar descriptive properties. Rather than proving dilution of the senior mark by the junior mark, the senior mark had to prove consumer confusion.

Dilution statutes until this point were only at the state level. A heavily contested issue with the 1988 Trademark Law Revision Act was dilution and whether it should be included in the act. It was passed in the Senate with a dilution provision, but removed from the House version before being passed. However, in 1996 Congress, without hesitation, amended the 1946 Lanham Acts to include a section on dilution, the Federal Trademark Dilution Act (FTDA).

The court must determine if it was meant to require proof that actual harm was caused or merely to mean a likelihood of harm. Dilution has been defined by the FTDA as the ?lessening of the capacity of a famous mark to identify and distinguish goods or service, regardless of the presence or absence of competition between the owner of the famous mark and other parties, or likelihood of confusion, mistake, or deception.?

Dilution through tarnishing may create a negative association with the goods or services covered by the senior mark. In order to dilute a more senior mark, the junior mark must be sufficiently similar to the Plaintiff?s mark in order to cause dilution.

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The Rewards of Having a Registered Trademark and the Application Process

If you are looking at putting together a business, especially a large one, there are a lot of requirements that you, as the owner or the proprietor, must be able to meet. Local business permits and state regulations are just the beginning.

Then there is as any other paperwork that various organizations and associations deem appropriate for your particular situation. So, while you are spending so much time making sure you have all your ducks in a row, why not take a few more minutes and register a trademark?

You may be wondering why bother with a trademark for your business. Well, let's look at what a trademark is first. A trademark is basically telling the world that this is your property, be it a product or an idea. The sticky thing is that when you are talking about trademarks, you need to be patient because the wheels turn slowly.

One thing that you will want to make sure of before you go through the time and expense of the trademarking process is that your product will sell. So do your market research to be sure there is a place for it in people's lives. If your business is already established, you will most likely want to register a trademark so nobody can use your name or logo.

The process of actually securing your trademark is not a difficult one. You can simply go down to the United States Patent and Trademark Office. Or, even more simple, log on to their website (http://uspto.gov) where you will find enough information on the application process and process. The part that will irritate you is not the process of applying for the trademark, but the waiting will get you every time. That is why patience is so important when you are applying for a business trade mark.

But, if you want to register a trademark with the US Patent and Trademark Office, wait you will do. The nice thing is that the process itself is rather uncomplicated. The first thing you do is check to make sure nobody else has already made a trademark on an idea similar to yours. You may want to hire a professional in this area just to make sure you do not spend unnecessary money.

After that, just fill out the application forms and submit at the local branch office or even on line. At this point the USPTO will designate a lawyer to your application. They will either accept or reject the application. If there are any questions on the application, the lawyer will be in touch with you during the process.

Keep in mind that the United States Patent and Trademark Office is part of the government so it will be a while before you get your trademark registered.

Another thing to know before you start getting your trademark registered is that it is not necessary to register it at all. However, it is advisable to do so because you will be at an advantage of those who don't. For one thing it keeps competitors in check, because they will know they cannot take your idea or property and claim it as their own. This may lead to confused customers and lost money. When you register your trademark and it is used illegally by another party, you can sue them because you are protected by law.

This is not to say that confusion will not happen, but if you take the time to get your trademark registered, there is no reason to worry. You also get to add the R with a circle to your logo as this is the mark that lets every body know this is yours exclusively. This is essentially your business' identity.

Now when it is said that you have to be patient and the process is slow, it is important to understand just how slow. After you have filed your application, you can expect to wait for about two months before you get notified via postcard from the USPTO verified that the application has been received.

You will not hear another word from them for about six months or longer. Then you will receive word that the application has been accepted, but won't know it has been published and approved for another month or so. And that is if the process goes smoothly. If there are problems, add two to four months to that.

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