Hardwood Floors April/May 2019

By Barbara Dunn O'Neal & Matthew E. Misichko

The following is a list of best practices to protect your trademark: 1 Conduct a Trademark Search Before using a new trademark, you should talk with your attorney about executing a search on the USPTO's website to confirm that there is not another identical or closely similar mark already registered. If there is an identical or closely similar mark, evaluate whether the good or service is the same or similar to your good or service. Your attorney can best advise you on when it is “all clear” that your trademark is not being used by others. 2 File an Application Work with your attorney to file an application. The filing cost is approximately $350 plus legal fees. If obtained, registration is good for 10 years. 3 Use of “TM” or “SM” Use of “TM” as a trademark symbol does not mean that the organization using the mark actually owns any federal trademark rights in the specific trademark; however, this symbol can be used with the trademark while your application with the USPTO is pending (which may be as long as nine months). Use “TM” for any good and use “SM” for any service – often put in superscript after the trademark such as GREAT FLOORS™.

Trademark Basics According to the United States Patent and Trademark O ce (USPTO), a trademark is generally “a word, phrase, symbol, or design, or a combination thereof that identi es and distinguishes the source of the goods of one party from those of others.” One example is McDonald’s “golden arches” or Starbucks’ “mermaid.” Similarly, a service mark is the same as a trademark, but refers to protecting the source of a service rather than goods. Bene ts of the federal registration include a legal presumption of ownership and an exclusive right to use the mark in connection with your organization’s goods or services. While legal rights to a trademark begin when a mark is rst used (known as “common law” rights), registering the trademark at the federal level with the USPTO is recommended. Trademark protection prevents your organization. Trademark registration also helps the consumer di erentiate between organizations. Consumers have a speci c expectation regarding an organization’s level of service and quality based on the brand name or logo associated with the organization. A competitor using your brand name or logo can create a false impression and confuse a consumer, which is a disadvantage to your organization and a potential advantage to the competitor organization. Obtaining trademark protection is a great tool to protect your organization’s reputation. organization’s name or identifying feature from being used by a similar

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the magazine of the national wood flooring association

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