A trademark is a word, phrase, symbol, or design, or a combination thereof, that in the business world identifies and distinguishes the source of goods or services of one party from those of others. Proprietary rights to a trademark may be established either through registration of the mark with the United States Patent and Trademark Office (USPTO) or by actual use in the marketplace. The actual use of the trademark provides common law trademark protection within the state where the trademark is being used while registering the trademark with the USPTO grants protection of the trademark within the entire United States.

Registering a trademark with the USPTO requires filing an application to register the trademark which is being used in interstate commerce. The USPTO then reviews the application for compliance with the rules of the Trademark Manual of Examination Procedures. If the application is approved, the application is published for opposition. If no opposition within 30 days, or if third party objections to the trademark are decided in favor of the application, the trademark is registered in due course.

A registered trademark gives the registered owner the right to exclusive use of the trademark in relation to the product or service for which it was registered. This also allows the registered owner to prevent unauthorized use of the registered trademark in relation to a product or service which is identical or sufficiently similar to the registered product or service.

The Law Offices of Ravi K. Nigam are committed to provide high quality affordable legal services that relate to intellectual property. Whether you seek protection, registration, enforcement, licensing or are defending a claim, we are able to provide you legal services every step of the way. Contact the Law Offices of Ravi K. Nigam today to obtain a legal consultation to discuss your intellectual property needs.