Trademark laws?

[sam22]

Hi,

I have a question about trademarks. What counts as a trademark? What if it's not registered with the government?

Here's the situation I'm in:
There's a company with an online product. Let's call the product Blue Oranges (not sure why). But I was able to purchase the BlueOranges.com domain name. Does that company own the trademark then? Would I not be able to name my product/company Blue Oranges or Blue Orange?

Thanks for your help!

 

Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

[sam22]

Nevermind, I figured it out. For those of you wondering:

"What is a trademark or service mark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.

If you want to claim the rights of a name or logo, use the TM (trademark) or SM (service mark) designation to give notice to the public about your claim. This use of the TM or SM Trademark Symbol does not mean a legally enforceable trademark.

What is a registration symbol ® and copyright symbol ©?

The registration symbol, ®, however, does carry legal weight. It may only be used when the mark is registered in the PTO. The ® symbol may be used only after the registration has been approved by the U.S. trademark office.

A circled © means copyright. A copyright notice or copyright symbol is an identifier placed on copies of the work to inform the world of copyright ownership. While use of a copyright notice was once required as a condition of copyright protection, it is now optional. Use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with the Copyright Office."

Source: San Jose State University design class document from a friend