Trademarks
Patents are a type of intellectual property which gives the patent holder the right to exclude others from making, using, and importing the patented invention in the country (or countries) where the patent holder has secured patent protection, for a limited period of time. The right to exclude is in exchange for public disclosure of the patented invention. In the United States, a patent’s term (i.e the period of time for the right to exclude others) is twenty (20) years for Utility Patents and fifteen (15) years for Design Patents.
Trademark law is intended to protect the identity of goods and services provided by an individual or a business. In the United States, Trademarks are protected under the Federal Lanham Act (15 U.S.C §§ 1051 et seq.) as well as applicable State laws. Generally, the process of obtaining Trademark protection entails registration of the mark with the United States Patent and Trademark Office (USPTO) and thereafter maintaining the mark, including by following up with the USPTO as required by law, by using the mark in commerce, and by enforcement of the mark to ensure there is no likelihood of confusion between your registered mark and marks used by competitors.