PTRC: Patents, Trademarks, and Copyrights: Trademark
Trademark Basics
A trademark is generally a word, phrase, symbol, or design, or combination thereof, that identifies and distinguishes a source of goods of one party from those of others.
A service mark is similar a trademark, except it identifies and distinguishes the source of a service rather than goods.
The terms "trademark" and "mark" refer to both trademarks and service marks.
A trademark usually protects the brand names and logos used on goods and services.
Trademark is not the same as copyright or patent. Copyright protects an original artistic or literary work. A patent protects an invention.
For more information about trademarks, please see the USPTO's "What is a trademark?" and the Trademark Basics Registration Toolkit.
- Trademark Basics Basic trademark information from USPTO website.
- Legal Trademark Definition Legal definition and basic information about trademarks from Cornell's Legal Information Institute Wex.
- Trademark, patent, or copyright? A rubric to help explain the differences between the three types of IP.
- IP Identifier A tool by the USPTO to help identify your IP.
- International Trademark Basics Basic information about registering marks on an international level from the WIPO.
- Trademark Basics: What Every Small Business Should Know Now, Not LaterA presentation of Craig Morris of USPTO (retired), at Georgia Tech University Library.
- Basic Facts About Trademarks videosVideo presentations by USPTO.
- WIPO Intellectual Property GuidesGuides created to help small- to medium-sized businesses understand the importance of IP
USPTO Trademark Resources
- All Trademark VideosClick on each category to see all the different topics. Videos covered all aspects of trademarks, such as selecting a mark, drawing issues, specimen, before you file, different kinds of applications and more.
- Trademark Process An overview of a trademark application and maintenance process.
- Trademark FAQs Answer questions basic questions regarding TEAS, payment, drawings, image files and more.
- Filing Online from USPTO Step by step information on how to file a trademark application online from United States Patent and Trademark Office.
- Trademark Videos Official USPTO videos on trademarks.
- USPTO Law School Clinic Certification Program The certification program provide assistance in filing your patent or trademark application. Scroll down to find South Texas College of Law Houston.
- USPTO fights trademark scamsUSPTO Director's Forum article about fraudulent solicitations.
- Trademark fee information (Applications)Explanation of fees charged by the USPTO for filing a trademark application.
- Trademark Fee SchedulesA detailed listing of all trademark filing-associated fees.
- WIPO Madrid System FeesInformation on the fees and payments associated with an application for international registration.
- Trademark FAQsList of general FAQs from the USPTO.
- Texas State Trademark FAQsFAQs about basics and registering trademarks at the Texas state level.
- Madrid System FAQsThe WIPO's FAQs about international mark registration and how to work with the Madrid system.
Trademark Searching
- Conducting a Trademark Search (USPTO) Steps and instruction for conducting a trademark search by USPTO.
- Search the Trademark ID manual Instructions for searching the trademark ID manual.
- Guidance for Trademark ID Manual Users Information on the ID Manual's features.
- Trademark Assignment Search This database contains all recorded Trademark Assignment information from 1955 to the present.
- Global Brand Database User Guide The WIPO's user guide; provide basic instructions and some visual aids.
- Global Brand Database Webinars Find and register for upcoming webinars on searching the Global Brand Database.
- Trademark Search The new trademark searching platform from the USPTO! Remember to leave comments using the feedback tab on the right side.
- Trademark Status & Document Retrieval (TSDR) Check trademark application status.
- WIPO Global Brand Database Search for marks and brands internationally registered with the World Intellectual Property Organization (WIPO). Use keywords, images, names, numbers, or goods/services.
- Trademark ID Manual Search the trademark ID manual to identifying and/or classifying particular goods and services.
- Design Search Code Manual The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. This manual indexes the categories, divisions, and sections that make up these codes.
- Trademark Official Gazette The Trademark Official Gazette (TMOG) is published each Tuesday and contains bibliographic information and a representative drawing for each mark published, along with a list of cancelled and renewed registrations.
- State Trademark Information Links To acquire trademark and/or service mark registration at the state level, applicants must file an application with the trademark office of the specific state in which protection is sought. For information about state registration requirements, applicants must contact the individual state trademark office.
- State of Texas Trademark databaseSearch for State of Texas's Trademark database. There is a charge for searching the database.
Trademark Assistance
- Finding a Trademark AttorneyAdvice on finding a trademark practitioner (there is no required trademark attorney registration).
- Legal Clinics of South Texas College of Law HoustonSouth Texas College of Law provides Pro Bono service for filing trademark applications (legal assistance only; applicants still pay other fees). Click "Contact Us" on the left side of the screen to request assistance.
- Free Services from the USPTOFree resources for inventors and entrepreneurs provided by the USPTO Texas Regional Office.
- USPTO Trademark Assistance CenterContact the USPTO's main support center for trademark-related inquiries via phone (during open hours) or email.
- Electronic Filing HelpThe Trademark Assistance Center (TAC) can answer general questions about the trademark process or Trademark Electronic Application System (TEAS) forms.
- Guide to Brand ProtectionMichigan State University teamed up with the National Intellectual Property Rights Coordination Center to create this guide for small and medium sized enterprises.
Trademark Regulations
- Trademark Manual of Examining Procedure (TMEP) The TMEP contains the guidelines for USPTO examining attorneys, and provides an outline of the procedures they follow when examining applications.
- Trademark Trial and Appeal Board (TTAB) Manual of Procedure (TBMP) A manual for stakeholders with basic information useful for litigating trial cases for the TTAB. It is not legal code and does not substitute for or function as any law, statues, or rules.
- Code of Federal Regulations Title 37 -- Patents, Trademarks and Copyright U.S. federal regulations governing patents, trademarks, and copyright.
- Trademark Laws & Regulations (USPTO) USPTO webpage linking to relevant laws and regulations; rules of practice and federal statute.
- WIPO Madrid System legal texts WIPO official texts of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989), as amended in 2006 and in 2007.
Additional Trademark Resources
- Journal of the Patent and Trademark Office SocietyA long-running periodical focusing on U.S. IP.
- The Trademark ReporterThe International Trademark Association's peer-reviewed journal.
- Madrid Yearly ReviewWIPO's annual review of international marks registration via the Madrid System.
- Trademark updates & announcements (USPTO)USPTO's page linking to all news releases, postings, Official Gazette notices, and more.
- The Trademark BlogA blog from a partner with an IP law office.
- The TTABlogIP lawyer's blog dedicated to Trademark Trial and Appeal Board (TTAB) news.
- Likelihood of ConfusionLighthearted IP blog by an IP attorney.
- Property, IntangibleA blog about IP rights and licensing.
Web Address: library.rice.edu | Physical Address: 6100 Main Street, Houston, Texas 77005 | Mailing Address: MS-44, P.O. Box 1892, Houston, Texas 77251-1892 | Phone: 713-348-5698 | © 2014 Rice University