 General Information
Federal Registration of Trademarks
Federal trademark law provides an answer to the vulnerability discussed above. If your product is or will be sold in "interstate commerce" (i.e. it will be sold in more than one state) then you may seek Federal Trademark Registration of your mark. A federally registered trademark prevents others from using the mark anywhere in the United States, even in geographic areas you have not yet entered. In our example above where goods/services were being sold in the tri-state New York area, Federal Registration of that mark would also prohibit parties in California or any other area of the United States from using that mark.
Until a mark achieves Federal Registration, it is wise to place a "TM" symbol near the mark to alert others that rights are being claimed to the mark. Once Federal Registration is obtained, the "(r)" symbol should be placed near the mark to alert others the mark is Federally Registered, and that the mark enjoys the full benefits of nationwide protection.
The Registration Process
If a mark is currently being used upon a good or service in interstate commerce, the owner of the mark may immediately apply for Federal Registration, by submitting an application for trademark to the Patent and Trademark Office in Washington, D.C. Once the application is allowed and various formalities are dealt with, the mark will then be "registered" and exclusively owned within the United States by the applicant.
However, if a clever mark is devised but is not yet being used, that mark may be effectively "reserved" by filing what is known as an "intent-to-use" trademark application. This type of application essentially locks a mark in place for the applicant until the mark is actually used in commerce, at which time a few small formalities will cause the mark to be formally "registered". Once the mark is registered, it can be continually renewed as long as the mark is continuously in use.
Registration of a trademark can be an invaluable tool for various reasons. In the event that you manufacture and distribute your product independently, proper trademark protection will prevent others from wrongfully using your product mark. In the event that you pursue licensing your product rather than independently manufacturing it, a strong registered trademark provides an additional incentive to potential licensees. For instance, if a potential licensee is interested in your product, a clever trademark which accompanies the product might result in the negotiation of greater royalties to be paid to the inventor since the licensee will be licensing both the product and the product name.
Often, licensees are more interested in and willing to pay a higher royalty for a clever name or slogan than for the rights to the product itself. In addition, since a trademark can potentially last forever, the inventor might continue to receive licensing royalties for the trademark long after the patent on the product has expired. Accordingly, obtaining proper trademark protection for your product's name, slogan, or packaging can in some instances be more important than obtaining patent protection, and thus should not be overlooked.
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