Trademark Registration and Litigation

People often confuse the terms Trademark, Patent, and Copyright. However, those terms are different and have different purposes. The United States Trademark and Patent Office (USTPO) explain the difference between the different processes as follows:

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.

Registration of your Trademark is probably the most important step in creating your Trademark. However, many people get entangle in applying for their Trademark registration with appropriate knowledge and end up in costly litigation which can result in a registration, a refusal, an opposition or a cancellation of their Trademark.