What is trademark law?
Trademark law is a form of intellectual property law that protects the words, names, symbols, or designs that are used to identify and distinguish a business, product, or service from others. In the state of Virginia, trademark law is governed by the federal Lanham Act and by Virginia state laws. The primary purpose of trademark law is to help consumers and businesses identify and distinguish products and services from one another. Trademarks help consumers recognize the source of a product or service, and can also offer assurance that a product or service meets certain standards of quality. A trademark also protects the goodwill of the business and the reputation of the products and services associated with it. So, if someone uses a trademarked name or logo, they may be legally responsible for any damage they cause to a business’s reputation or sale of goods or services. Trademark registration with the United States Patent and Trademark Office (USPTO) gives a business exclusive rights to use the trademarked name or logo and to prevent others from using it with the same products or services. It also strengthens legal claims in trademark cases and gives the registered owner the right to sue for damages. In Virginia, trademark owners need to register their trademark with either the USPTO or with the Virginia State Corporation Commission. To protect a trademark, business owners should use the trademark symbol ® or ™ on their products and services, and should file a trademark protection form with the USPTO or the Virginia State Corporation Commission.
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