Define: Commercial Mark

A commercial mark, also known as a trademark, is a unique symbol, word, or phrase used to identify and distinguish a company’s products or services from those of its competitors.

To register a commercial mark, you must file an application with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO). The application will require a description of the mark and evidence of its use in commerce.

Registering a commercial mark provides legal protection against others using a similar mark, establishes your ownership of the mark, and can increase the value of your business.

A commercial mark registration can last indefinitely, as long as the mark is continuously used in commerce and the registration is maintained through periodic filings and fees.

Using a mark that is similar to another company’s mark can lead to legal issues, including claims of trademark infringement. It is best to choose a unique mark to avoid potential conflicts.

A trademark is used to identify and distinguish goods, while a service mark is used to identify and distinguish services. Both are types of commercial marks.

Enforcing a commercial mark typically involves sending cease and desist letters to infringers, filing a lawsuit for trademark infringement, or pursuing alternative dispute resolution methods.

Yes, a commercial mark can be licensed to another company through a trademark licensing agreement, which allows the licensee to use the mark in exchange for royalties or other compensation.

If someone is using your commercial mark without permission, you should consult with a trademark attorney to discuss potential legal actions, such as sending a cease and desist letter or filing a lawsuit for trademark infringement.