Trademark

A trademark must be used properly to identify and distinguish the products of one source from those of other sources, and to remain the exclusive property of the owner.

MICHAEL W. GOLTRY

REGISTERED PATENT ATTORNEY PARSONS & GOLTRY, PLLC 10643 North Frank Lloyd Wright Boulevard, Suite 201 Scottsdale, Arizona 85259 O: 480-991-3537 C: 480-250-9816 E: mg@pgpct.com W: patentsavers.com The rights acquired by federal registration must be maintained through proper and continuous use of the trademark in commerce. On the other hand, widespread misuse of a trademark can, and normally does, make it difficult to enforce the exclusive rights to use the mark. To protect a trademark, several important guidelines should be followed when using the trademark in advertising literature, displays and signs, product packaging, labels, business documents, and correspondence. The following are general guidelines: • Use a trademark as an adjective followed by the generic name of the goods or services. A trademark is not a noun. • Do not use a trademark in the plural or possessive form. • Do not use a trademark as a verb. Trademarks are adjectives, and should never be used as verbs. • Use a trademark consistently, as each deviation may create a new, different trademark. • Use a trademark distinctively. • Use a proper notice of trademark. Identify the trademark as registered or unregistered “®“ for a federally registered mark. • ™ for an unregistered trademark. • SM or ™ for an unregistered servicemark. • Use the trademark continuously and notoriously, and do not abandon the mark. • Make sure others use the mark as an adjective and only as an adjective. • Prevent others from using and registering confusingly similar trademarks.

WHAT CAN BE A TRADEMARK?

A trademark can be anything that is capable of functioning as a mark and, more particularly, anything that is capable of distinguishing your goods and services from those of others. A trademark can be any of the following: • Word • Symbol • Word/symbol combination • Phrase • Phrase/symbol combination • Sound • Smell • Shape of an article of manufacture • Color • Packaging design • Anything that is capable of designating the source or origin of goods and/or services.

TYPES OF TRADEMARKS

There are two primary types of marks that can be registered with the United States Patent and Trademark Office: (1) trademarks and (2) servicemarks. A trademark is a word, name, symbol, or device, which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms “trademark” and “mark” are commonly used to refer to both trademarks and servicemarks.

LIST OF ADVERTISERS

CSFI | p17 Charlie Banana | p20 Cintas | p25 CouncilmanHunsaker | p35 Cressi | p6 FINIS | Inside Front Cover Green Sprouts | p24

iClass Pro | p9 Jackrabbit Swim | p2

Neptune-Benson | p31

Risk Management | p13

Splash About | p4

TeamUnify | p25 Tri Swim | p20