Trade symbols

Trade symbols in the United States

There are four type of trade symbols

1. Trade mark – Unique Symbol, word, picture, name or combination of these, e.g. Apple Symbol of Apple Computer.
2. Service mark – Which identifies one service from another, e.g. Golden Arches of McDonald's.
3. Certification mark – Which is used or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin or other characteristics of someone's goods or services.
4. Collective mark – Which used by the members of a cooperative, an association including a mark which indicates membership an association

All of these symbols are recognized by the Lanham Act.

Validity and renewal

Registrations issued on or after November 16, 1989 have a ten-year term, renewable every ten years. The previous validity period was twenty years. For a trademark registration to remain valid, an Affidavit of Use must be filed: (1) between the fifth and sixth year following registration, and (2) within the year before the end of every ten-year period after the date of registration.

The registrant must also file a renewal application within the year before the expiration date of a registration.

Infringement

It occurs when a similar or identical trade mark is used to confuse or deceive. The intent to gain from commerce is not required nor the proof of actual deception. This is covered under the Federal Trademark Dilution Act of 1995. It expanded the scope of rights granted to famous and distinctive trademarks under the Lanham Act. Dilution differs from normal trademark infringement in that there is no need to prove a likelihood of confusion to protect a mark.

Remedies

The Lanham Act provides various remedies which include monetary damages, trade damages, legal fees.