Trademarks . . .

are words or design elements that identify a company product and distinguish it from others. Service marks identify and distinguish a service. Businesses can prevent others from using their marks on competitive products by following federal and state laws that govern trademarks and service marks.

Trademarks and service marks can become very important to a new company as it builds a reputation for its product. In general, they must be registered, used in commerce and identified as a trademark or service mark in order for a company to protect them.

Companies can conduct searches to be sure a mark is available before they begin using it so that they can avoid promoting a mark they cannot protect or use. The first type of search that can be conducted is one of the records of the trademark office to determine whether anyone has already registered the mark. If no registration is found, the company can next pay a service bureau to conduct a common-law search to see if it is already being used in commerce in an unregistered form. If the mark clears both searches, the chances are good that it can be registered and protected. Company counsel can advise on the best and most appropriate method for conducting these searches. See: Copyrights, Patents, Trade Secrets.