Fact Sheet
·
What are the benefits of federal trademark registration?
·
Is it worth pursuing trademark registration?
·
Is it necessary to
register a trademark/service mark?
·
The
use of Cornell trademarks
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
Source: US Patent
& Trademark Office (USPTO) Frequently Asked Questions - http://www.uspto.gov/web/offices/tac/tmfaq.htm#DefineTrademark
Trademarks are
generally distinctive symbols, pictures, or words that sellers affix to distinguish
and identify the origin of their products. Trademark status may also be granted
to distinctive and unique packaging, color combinations, building designs,
product styles, and overall presentations. It is also possible to receive
trademark status for identification that is not on its face distinct or unique
but which has developed a secondary meaning over time that identifies it with
the product or seller. The owner of a trademark has exclusive right to use
it on the product it was intended to identify and often on related products.
Source: Cornell
University Legal Information Institute
http://www.law.cornell.edu/topics/trademark.html
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
Source: US Patent & Trademark Office (USPTO) Frequently Asked Questions -
http://www.uspto.gov/web/offices/tac/tmfaq.htm#DefineServiceMark
No. Trademarks, service marks, copyrights, and patents all differ. A trademark identifies and distinguishes the source of the goods of one party from those of others. Service-marks receive the same legal protection as trademarks but are meant to distinguish services rather than products. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.
What are the
benefits of federal trademark/service mark registration?
1. Constructive notice nationwide of the claim of the owner of the trademark/service mark.
2. Evidence of ownership of the trademark/service mark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Source: US Patent &
Trademark Office Frequently Asked Questions
http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic002
Once you have received federal registration, you may use the federal registration symbol "®" to identify your trademark or service mark.
Any time that you are using a mark beyond the bounds of Cornell University and in a context that involves "commerce" (the sale of goods or services), it is worth considering a federal registration. Individual units must make their own assessments as to the desirability of pursuing trademark/service mark registration.
The cost to register a trademark or service mark generally runs between $1100 and $1500 but can be higher if you encounter opposition. (You can, of course, abandon an application at any point if you need to control costs).
Units are required to pay the costs associated with
registration.
Is it worth pursuing
trademark registration?
Factors to consider:
Is it necessary
to register a trademark/service mark?
Registration is not necessary. Even without registration, you can acquire common law rights in a mark simply by using it in commerce. You can also use the trademark symbol “TM” or the service mark symbol “SM” any time you wish to alert the public to your rights in a mark, regardless of whether you have filed an application with the US Patent and Trademark Office. Putting a "TM" or “SM” next to your mark lets the world know that you are claiming ownership of the mark. It is not required that you provide this type of notice, however. Using the mark in commerce is enough to establish ownership of the mark. (You may only use the federal registration symbol "®", however, after the USPTO actually registers the mark.)
If another entity tries to register the mark in a similar field, you may oppose the registration. A recommended strategy is to check periodically (every three to six months) the pending Patent and Trademarks applications on the US Patent and Trademark Office site: http://www.uspto.gov/main/trademarks.htm.
The
use of Cornell name, logos, trademarks, insignia, artwork, and other indicia
associated with the university is governed by the Cornell University policy
on “Use of Cornell
Name” <http://www.policy.cornell.edu/vol4_10.cfm>. Information on using
registered Cornell logos on merchandise is found in the “Visual Identity Guidelines
Use of The Cornell Logo on Merchandise” <http://www.cornell.edu/identity/> and at the University Relations web site <http://univrelations.cornell.edu/UR/logo/useoflogo.html>.
The
Office of the University Counsel <http://web.cornell.edu/counsel/> handles the filing of trademark applications. For additional
information contact Pat McClary, Associate University Counsel, mailto:pam4@cornell.edu.
Applications
for trademarks related to products patented, licensed or marketed by the Cornell
Research Foundation (CRF) are filed by CRF. The Cornell Research Foundation (CRF) manages the intellectual property
created by Cornell University's faculty and staff. CRF is responsible for obtaining appropriate
patent, trademark, or copyright protection on Cornell-owned intellectual property,
while concurrently licensing the intellectual property to appropriate commercial
partners. See <http://www.cctec.cornell.edu/>.
For
additional information on trademarks and service marks, visit the US Patent
and Trademark Office site at http://www.uspto.gov/main/trademarks.htm.