Words, phrases and even symbols used by businesses to sell their products are known as trademarks. These trademarks are all around us.

Words, phrases and even symbols used by businesses to sell their products are known as trademarks. These trademarks are all around us. The Nike swoosh for example, is a trademark used by the shoe manufacturer to sell their brand. A trademark is not always a word or a phrase. It can be a unique packaging or product shape a manufacturer uses to market his products. This is what helps consumers easily identify products from that manufacturer. As such, all trademarks are protected by law. The state and federal government regulate trademark law, and any trademark infringement suit can be tried in either a federal court or a state court. The trademark law attempts to protect intellectual property owned by a manufacturer. Inventions, books, poems, and even artworks are all intellectual properties under the protection of the intellectual property law, very similar to trademark law in its operation.

If anyone abuses a trademark or uses it without the consent of the owner, then they are liable to be sued for trademark infringement. However, in order for a piece of intellectual property to fall under the protective umbrella of trademark law, it has to be distinctive. It needs to be associated solely with the product it seeks to sell or identify. The same goes for items that seek the protection of intellectual property law. If it is a jingle, song or book, it must be easily identifiable to the common man. This simply means that a piece of intellectual property must be solely associated with a particular product. If it can be associated with more than one product, then protecting it under the trademark law or intellectual property law will be hard.

These are the grounds under which many trademark infringement lawsuits either succeed or fail. Courts have noted that all trademarks must be arbitrary, fanciful, descriptive, or suggestive so as to enjoy protection under trademark law. The Apple computer logo, which has no relation to computers, is a good example of an arbitrary trademark. This qualifies it for protection under trademark law.

Now that trademark law has been identified, how can a person get that law to protect business intellectual property? There are two main ways through which an individual or a company can get their intellectual property protected under trademark law. The first and most effective way of avoiding cases of trademark infringement is by registering the trademark. This can be done with the help of a patent and trademark attorney Miami firm, based in Miami. By registering a trademark in the U.S Patent and Trademark Office, you ensure that that phrase, word or symbol cannot be used by anyone else. The second way of protecting yourself from trademark infringement is by making sure you are the first person to use the trademark in business. If a stationery manufacturer uses a logo of a pen to promote his line, then that logo becomes the trademark of that business. Provided this can be proved in a trademark infringement case, then all other parties will be barred from using the pen logo in their business.

About the Author

Chris Sanchelima Christian Jay Sanchelima is the author of this article on patents. Find more information about intellectual property law here

Your Response