Additional Information
Trademark Law Overview
What is a trademark or trade dress?
A trademark is used to protect the unique words, names or symbols that are used to identify an owner’s particular product or service (or family of products/services). Some common examples of trademarks are logos, slogans and icons. Once a trademark has been registered, it can offer protection in perpetuity with periodic registration renewal.
Trade dress protection focuses on the unique visual appearance of a product or its packaging. This can include 3-D features such as the shape of the actual product, its packaging design, or even a building façade if it is distinctive enough. It can also involve distinguishing colors.
What is a strong mark?
A strong mark is a very well-known trademark. Two examples of a strong mark are Nike and Reebok. A strong mark is given a higher level of trademark protection because outside use of the name is more likely to require trademark litigation.
How is a trademark or trade dress protected under the law?
Trademarks and trade dresses are protected under the law either through common law or by federal statute protection. To be protected by federal statute, a trademark must be registered with the U.S. Patent and Trademark Office (USPTO) by filling out an application and submitting it by mail, hand delivery or the Internet.
