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Patent and Trademark Resource Center (PTRC)

This guide will help you navigate resources provided by the Cline Library Patent and Trademark Resource Center (PTRC).

About Trademarks

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark:

  • Identifies the source of your goods or services.
  • Provides legal protection for your brand.
  • Helps you guard against counterfeiting and fraud.

A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

 

Information from the USPTO (emphases added).

Your rights to a use a trademark begin to accrue as soon as you start using it to identify your sources of good or services, without any formal registration. Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

It is your choice whether to file for federal trademark registration. The benefits include:

  • Trademark is listed in the USPTO's database of registered and pending trademarks. This provides public notice to anyone searching for similar trademarks. They will see your trademark, the goods and services on your registration, the date you applied for trademark registration, and the date your trademark registered.
  • Legal presumption that you own the trademark and have the right to use it. So, in federal court, your registration certificate proves ownership, eliminating the need for copious amounts of evidence.
  • Can use your registration as a basis for filing for trademark protection in foreign countries.
  • Right to bring a lawsuit concerning the trademark in federal court.
  • May use the federal trademark registration symbol, ®, with your trademark to show that you are registered with us. This may help deter others from using your trademark or one too similar to yours.
  • Record your registration with U.S. Customs and Border Protection (CBP). They can stop the importation of goods with an infringing trademark.

A domain name or business name is not a trademark.

A domain name is an internet address registered through a domain name company. A domain name may be eligible for trademark registration. It is possible for a domain name to infringe on someone's trademark. Learn more about domain names and trademark infringement at the Internet Corporation of Assigned Names and Numbers (ICANN) site.

A business name is the name under which you do business in a state or jurisdiction. Registering a business name in your state does not equal trademark registration. A business name may be trademarked if you use it to distinguish your goods from those of another.

 

Information from the Arizona State Library.

Types of Trademarks

Standard character format 

Most trademarks are registered in  standard character  format. This format protects words, letters, numbers, or a combination of those without any limitation to a specific font style, size, color, or design. Basically, you’re getting protection for the words themselves, regardless of how they’re displayed, like with the registered word Coca-Cola. 

Some other standard character format examples include: 

  • Under Armour 
  • Twitter 
  • It’s finger lickin’ good! 
  • Just do it 
  • America runs on Dunkin’ 

 

Information from the USPTO.

Special form format 

Trademarks registered in special form format protect trademarks that are  stylized , have designs or logos, or are in color. Trademark owners typically register in special form format when the stylization and design is an important part of the trademark. With this format, you’re getting protection specifically for the way the trademark looks. 

McDonald’s logo with gold M symbol

The McDonald’s golden arches design is an example of a registered trademark in special form format. 

 

Nike logo with text in bold black font above swish symbol

 

The company Nike registered this trademark in special form format, combining the stylized word Nike with their swoosh logo. 

The format of the trademark you apply to register affects your application filing requirements. Learn more about the two different formats of trademarks and their filing requirements

 

Information from the USPTO.

If you cannot play these files, and your computer is otherwise set up to play musical sounds, you can use your favorite web search engine to locate a browser plug-in that works with these files. Search for the terms: "mp3 player browser" or "wav player browser"

72349496look it up in TARR
NBC - Entertainment - Chimes


73270308look it up in TARR
Beneficial - Insurance -" At Beneficial TOOT TOOT You're Good for More..."


73391897look it up in TARR
Del's Lemonade & Refreshments - Carryout Food Mobile Truck - Horn


73432170look it up in TARR
Al Ham Productions - Entertainment -
The Dreams We Share, We'll Always Remember, Remember With The Music Of Your Life "


73553567soundlook it up in TARR
MGM - Entertainment - Roaring Lion

More sound mark examples can be found on the USPTO website.

Using Symbols

™ and symbols

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

® symbol

Once you register your trademark with the USPTO, you can use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

Information from the Arizona State Library.