A trademark is a word, symbol, fanciful name, design,
logo, slogan or some combination of these used by a company to
identify its products. A service mark is similar to a trademark but
identifies and distinguishes services provided by the owner, rather
than a product. A trade name is the name used to designate a company,
rather than its products or services. For example, the fictitious
name "GWARFLE" could be a trade name used to designate the Gwarfle
Company. The company makes gold plated waffle irons so when applied
to their product, "GWARFLE" is trademark. Finally, if the company
provides services to owners of the product, including perhaps
extended maintenance agreements, cooking lessons, and so forth, then
when applied to these services, "GWARFLE" is a service mark.
Marks serve three major purposes.
The identify and distinguish the products, goods, or services of the
owner from those of the competitors.
They provide a guarantee to the customer of a consistent standard of
quality and excellence for the products or services.
They become valuable selling tools as a result to the good reputation
enjoyed by the products or services.
A trademark is distinctive identifying "label" intended to
distinguish a companies products from those of other companies. As
such, a trademark comes to be closely identified with a particular
company's products and, if the reputation for those products is good,
the trademark becomes a highly visible marketing tool and is a
valuable asset to the company. Many companies fight very hard to
maintain the value of their trademarks by scanning new trademark
registrations and applications for registration in search of any that
may be deemed similar to the company's existing trademarks. The goal
is to prevent the dilution of the companies existing mark and to make
certain that the field does not become crowded with trademarks that
are confusingly similar. A valuable trademark could suffer from lack
of a clear identity in such a crowded field of marks. This process of
scanning trademark applications can be accomplished, at least in
part, by using online trademark databases.
It is important for the owner of a mark to be vigilant in defending
the mark against improper usage. If a mark is used improperly over a
period of time, or if it is not defended properly against assaults by
other marks that are too similar, the owner may wind up forfeiting
rights to the original marks. This was the case with some commonly
recognized names, now generic that were at one time registered
trademarks. Common examples include names such as aspirin, cellophane
and escalator.
Until recently, trademark and service mark rights were conferred
strictly by use. An application to register a trademark in the U.S.
could only be made if the mark had actually been used for a product
or service offered for sale in interstate commerce. Applicants could
not apply to register a trademark for a product or service that was
still but a twinkling in the eye of the applicant. Recent changes in
the U.S. trademark law now allow for such applications. Now anyone
can file an application for trademark registration with the aim of
"reserving" that trademark for future licensing position. These are
know as intent-to-use applications.
Although there is no requirement to do so, registration does provide
certain procedural advantages and legal protections to trademark
owners in the United States.
Contributed by Martin (Marty) Zeller
N.A.S.A. Far West Regional Technology Transfer Center
3716 South Hope Street, RAN 200
Los Angeles, CA 90007
(213) 743-6132
