TRADEMARK REGISTRATION

The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (e.g. USPTO) of a particular jurisdiction. In some jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use. In the United States the only way to qualify for a federally registered trademark is to first use the trademark in commerce.

A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colorfully" similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The test is always whether a consumer of the goods or services will be confused as to the identity of the source or origin. An example may be a very large multinational brand such as "Sony" where a non-electronic product such as a pair of sunglasses might be assumed to have come from Sony Corporation of Japan despite not being a class of goods that Sony has rights in.

Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction (see International Trademarks below).

2225 East Bayshore Road

Suite 200

Palo Alto, CA 94303

(650) 646-4020

USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING DISCLAIMER

This web site represents my best understanding of the subject matter contained therein. However, I cannot promise that everything on this website is complete or up to date. The materials on this website are for informational purposes only and should not be construed a legal advice or legal opinion. If you choose to rely on anything that you find on this web site, you do so at your own risk. No warranties, representations, or claims of any kind are made concerning the information presented on this website. I highly recommend that you seek to enter into an attorney-client relationship, before acting on any information found on this site. I expressly disclaim all liability to any persons in respect to the consequences of anything done or omitted to be done wholly or partly in reliance upon the use or contents of this website.