Trademarks: What's in a Name?
| Trademarks are words, drawings, symbols, names--even some sounds and smells--that distinguish one product or service from all others. Designed to promote fairness in the marketplace, they enable consumers to readily recognize a particular product or service. Generally, a distinctive mark is owned by the business that is the first to use it when marketing its product or service commercially. A business that owns a mark by virtue of first use may be able to prevent competitors from using it, or a similar mark, to market other goods or services. Users of a mark may attach the TM designation to indicate their claim to ownership of the mark. |
| While it is not necessary to obtain governmental permission to use a mark in commerce, it can be advantageous to register your trademark with the government. Trademark registration provides legal protection beyond the right of ownership through use. For example, no other entrepreneur can acquire superior rights to yours by using a mark once you have registered it. |
| Federally registered marks are designated with the ® symbol. Trademark registration is renewable indefinitely, but registration alone does not give perpetual rights to the mark. You must continue to use your mark commercially in order to retain ownership. |
| Marks can be registered nationally or at the state level only. Registration of a trademark or service mark with the U.S. Patent and Trademark Office (PTO) makes it easier for the owner to protect a mark nationwide. It informs the entire country that a particular mark is already in use. The registration process involves filling out an application form, paying certain fees, and working with the PTO to assure accuracy in the application. You may request forms and instructions by writing to the PTO General Information Services Division at Crystal Plaza 3, Room 2CO2, Washington, DC 20231. You may also phone the PTO at (800) 786-9199 or download forms from the PTO Web site. |
| Registering a trademark at the state level also requires completing an application form and paying a filing fee. The state of Maine made the registration process easier by introducing a new application form in October 1997. The new form has been reduced from four pages to just two. In addition, applicants no longer need to obtain notarized signatures on the form. The state of Maine will still continue to accept applications submitted on the old form until further notice. Filing fees have not increased. |
| To obtain forms and instructions for registering a trademark in Maine, contact the Bureau of Corporations, Elections and Commissions, Secretary of State, at 101 State House Station, Augusta, ME 04333-0101. You may also phone the Corporate Examining Section at (207) 287-4195, or download forms from the Bureau's Web site. |
| More information about trademarks
is available at Fogler Library. The PTO's CD-ROM databases--Trademarks Registered,
Trademarks Pending, and Trademarks Assign--can all be searched in the
Science & Engineering Center. Other resources include Basic Facts about Trademarks,
the Index of Trademarks, the Official Gazette of the United States Patent and
Trademark Office: Trademarks, and numerous general guides to trademarking, such as The
E-Z Legal Guide to Trademarks & Copyrights and Trademark: How to Name Your
Business & Product. For more information about trademarks at the state or the
federal level, please contact Marianne Ryan Kapfer, Science & Engineering Librarian,
by phone at 581-1678 or by e-mail. MK |
Sci-Lites 7(2)
Science & Engineering Center
Sci-Lites is edited by Nancy
R. Curtis, Science & Engineering Librarian
© 1998-2001 The University of Maine · Page created April 1998; updated December 2001