Trademark Basics

If your not an intellectual property attorney, you probably don't know much about trademarks. Do you know the difference between copyrights, trademarks and patents? If you were to invent the flying car, you would patent the invention. A trademark is used to protect names, logos and slogans; so for example, the company name, brand name and tagline. A copyright is used to protect literary, dramatic, musical and artistic works; in this example, the manual to the flying car can be copyrighted.

Frequently asked questions about Trademarks:

• What is a trademark or a service mark?
• Who can apply for a trademark?
• Do I have to register my trademark?
• What are common law trademark rights?
• Can I obtain a U.S. federal trademark registration for anything?
• Can trademark rights be assigned or transferred from one person to another?
• Will registration protect my mark overseas?
• Will I receive a registration if I don't use the mark at all?
• What are Trademark classes?
• What constitutes interstate commerce?
• When can I use ™ or ®?