A business that claims to own a trademark cannot stop others from using the same
or a similar trademark unless it is actively using the trademark.
In trademark law, “using” a trademark means putting it to work in the
marketplace to identify goods or services. This doesn’t mean that the product
or service actually has to be sold, as long as it is legitimately offered to
the public under the trademark in question.
under federal (and some state) laws known as
dilution statutes, you may go to court to prevent your trademark from being
used by someone else if your mark is famous and the other company’s use would
dilute the mark’s strength — that is, weaken its reputation for quality
(called tarnishment) or render it common through overuse in different contexts
(called weakening). The key element is that your mark is famous — that is,
distinctive and recognizable.
Dilution statutes apply even if there is no way customers would
be likely to confuse the source of the goods or services with those sold by the
owner of the famous mark.
As the owner of a trademark, when you can stop others from using your trademark,
or a confusingly similar one, depends on such factors as:
The “R” in a circle (®) notice should accompany a trademark after it has
been registered with the U.S. Patent and Trademark Office (USPTO). Failure to
put the notice on a registered trademark can greatly reduce the possibility of
recovering significant damages if it later becomes necessary to file a lawsuit
against an infringer. The ® symbol may not be put on a mark unless it has been
registered with the USPTO.
Many
people like to put a “TM” (or “SM” for service mark) next
to their trademark or service mark to let the world know that they are claiming
ownership of it. However, it is not legally necessary to provide this type of
notice; the use of the trademark or service mark itself is the act that confers
ownership.
Dilution Statutes
under federal (and some state) laws known as dilution statutes, you may go to court to prevent your trademark from being used by someone else if your mark is famous and the other company’s use would dilute the mark’s strength — that is, weaken its reputation for quality (called garnishment) or render it common through overuse in different contexts (called weakening). The key element is that your mark is famous — that is, distinctive and recognizable.
Dilution statutes apply even if there is no way customers would be likely to confuse the source of the goods or services with those sold by the owner of the famous mark.