A trademark is a symbol used by a person in commerce to indicate the source of her goods or services and to distinguish them from those sold or made by others. The trademark owner acquires trademark rights by making bona fide use of the mark in commerce. There is no time limit on the duration of the mark. Rather, the owner retains ownership of the mark until she abandons use of it. Trademark registration offers a number of legal and practical advantages, but it is not necessary to create a trademark right. Unauthorized use of a trademark in a manner that is likely to confuse consumers about the source of goods or services infringes the trademark. Trademark law also provides causes of action beyond trademark infringement: false designation of origin; false advertising; dilution of famous trademarks; and impermissible registration, use or trafficking in Internet domain names that are similar to the trademarks of others.

A trademark can be a word, a phrase, a design, an image, a sound, a color, or even a fragrance. Some well-known trademarks are APPLE for computers, NIKE for shoes, COCA-COLA for beverages, and the NEW YORK TIMES for newspapers. A service mark serves a similar role to identify the source of services. Well-known service marks include EBAY for online auction and trading services, the rivals LEXIS and WESTLAW for computer-aided legal research services, and MTV for television broadcasting. But beyond such well-known marks, trademarks and service marks are practically everywhere in modern society.

The Lanham Act, the federal trademark statute, provides several related causes of action:

• Trademark infringement: Someone who uses a registered mark in a way that is likely to cause confusion about the source of goods or services may be liable to the mark's owner for infringement.


• Dilution: The owner of a famous mark may be able to obtain an injunction against the use of a mark that decreases the distinctiveness of the mark.


• False designations of origin: The Lanham Act goes beyond protection of registered marks to impose liability for infringement of unregistered marks and for other false designations of origin.


• False advertising: False advertising that causes competitive injury can also give rise to liability under the Lanham Act, which thus goes well beyond protection of marks to govern other deceptive practices.


• Anti-Cybersquatting Act: The Lanham Act also provides remedies for bad-faith registration of Internet domain names that are similar to trademarks.

Trademark protection benefits both trademark owners and their customers. The rights of the mark owner allow her to invest resources in developing goodwill in the mark. Enforcement of trademarks thus reduces deceptive practices. Trademarks can also reduce the consumer's cost of searching for, testing and purchasing products by allowing the consumer to rely on the reputation of the mark, based on the consumer's experience with the mark and any other information he might acquire.

For additional information or a free trademark attorney consultation, contact Mr. Xavier Morales toll-free at 1-866-618-2517.