What is a Trademark?
Posted in About Trademarks
A term or graphic becomes a trademark through its use in commerce as an indicator of the supplier of goods or services to which it is attached or closely associated. Until it is used as a trademark, that is a product or service associated with the mark is sold in and actual transaction, it does not obtain trademark status. Trademark status is obtained through use; it does not become a trademark by being registered with the United States Patent and Trademark Office but by gaining recognition in the public through use.
A mark may be registered with the Trademark Office after is has been used in an interstate transaction, which gives the federal government jurisdiction, or authority, to grant national trademark status. Once granted, a federal registration grants exclusive use of that trademark throughout the United States regardless of where the mark is actually used, at least with regard to the goods or services with which it was used. If a mark is not used in interstate commerce, one might consider registering the mark within the state it is used.
A mark also may be reserved by filling out an application that indicated that the mark is intended to be used in interstate commerce shortly. The user then must actually give notice to the Trademark Office of interstate use of the mark within six months after the mark is allowed.
