Registered marks versus common law marks

In the United Stated, a trademark that is registered with the USPTO uses the ® symbol. The business is not actuaaly registered the trademark can use the common law designation “TM” next to the mark. But the use of “TM” mark is not actually conferring legal rights in the federal law, but it can help the business to receive the secondary meaningconcerning the specific mark (Larson, 2003). Both the registered and non-registered trademarks are eligible for the protection under the Lanham Act. After five years of unopposed use, the mark will bacome incontestable is the advantage of having a registered mark.

An incontestable mark will not able to attack on the grounds that are descriptive. It means that the one who is defending the trademark infringement suit have no right to directly attack the plaintiff’s mark, but must focus on showing the lack of a likehood of confusion. A registered mark has a presumption in being a valid trademark (Larson, 2003). Differences from related laws The trademark law in the United States is enforced through private lawsuits. Unlike the copyright law, it provides criminal penalties and also civil damages.

Copyright or patent law has expiration date, while trademark protection has no expiration. As long as the mark is used continually, it can be protected from infrigement indefinitely (Larson, 2003). CONCLUSION Patent is a kind of document that is given by the the United States to the person who have invented or discovers an invention or a thing that is new, original, and useful. An invention or a discovy of an inventor is patended for it to be protected from infringenment. Trademark is the name or symbol that will able to identify who is the manufacturer of a certain product.

If consumer buys a certain product and he or she likes it, he or she will be able to know what to buy in the future. The symbol for the registered trademark is TM; it must be put next to the name of the product. For the unregistered trademark the symbol is ®. Patent has an expiration date, at the date the patent application must be renew. Unlike Trademark, it has no expiration; the company will not renew the application of the trademark. Trademark can be use by the company indefinitely. Unless the company will stop its operation, trademark cannot be use by the company.

The United States Patent Law is a law that can be seen in the United States Constitution, Article 1 Section 8. The law gives protection to the inventor and his or her invention. This law will make sure that nobody will be able to infringe the invention that is only name after its inventor. The patent application is publish by the United States Patent and Trademark Office 18 month after the apllication are completely filed. But before the inventor will receive that benefit, he or she must first file an application for his or her invention will be patented.

The application must contain the description about the invention and who is/are the inventor/s. The agency that is responsible for the filing of the application is the United States Patent and Trademark Office (USPTO). United States Trademark Law is the law that is protecting the trademark of the company. Like the patent, trademark must be also registered at the USPTO. Upon the registration of the trademark, a representative of the company must be accompanied by an experienced attorney for the trademark presecution matter. The registered and non-registered trademaek are both eligible in the protection of the Lanham Act.

LITERATURE CITED ANONYMOUS. 1995. Restatement of Unfair Competition. 3rd Edition. Vol 9 pp 13-14. ANONYMOUS. 2006. “Welcome to the USPTO Museum”. Washington, DC. http://www. archieves. gov. /research-feb-records/groups/241. html. May 1, 2010. ANONYMOUS. 2010. Patent Making and Patent Pending. http://www. uspto. gov/patent/patent-making-and-patent-pending. html. May 1, 2010. BEATTIE, P. H. 2008. U. S. Patent Law. http://www. kcba. com/uspatentlaw. html. May 4, 2010. BESSEN, et. al. 2008. Patent Failure: how judges, bureaucrats and lawyers put innovations at risk. P. 132.