March 19, 2010, Newsletter Issue #120: Define Trademark Limits

Tip of the Week

Know the limits of a trademark. While it is a required step in franchising, the trademark alone does not protect your business, ideas or processes.

The United States Patent and Trademark Office (USPTO) is the entity controlling trademarks in the United States. They explain: “A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.”

The terms "trademark" and "mark" are both commonly used to refer to trademarks. Registering your mark does not prevent competitors from selling the same goods or services under a different name. It does grant you rights to prevent those competitors from using a confusingly similar name and benefiting from your established name and goodwill.

The USPTO notes that trademarks provide ”notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.”

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