A trademark is probably the most recognizable form of intellectual property associated with a product or service. Legal protection for a trademark is acquired through common law, state trademark registration or federal trademark registration. Federal registration of a trademark is acquired under the Lanham Act, Title 15 of the U.S. Code, which passed in 1946 and was the first comprehensive federal legislation regarding the registration and use of marks in connection with the sale of goods and services.
The purpose of the Lanham Act is to “protect the public so it may be confident that, in purchasing a product bearing a particular trademark which it favorably knows, it will get the product which it asks for and wants to get,” according to Two Pesos v. Taco Cabana, 505 U.S. 763, 782 n.15 (1992) (Stevens, J., concurring). The process of securing registration for a client’s chosen mark requires the filing of an application with the U.S. Patent and Trademark Office and approval by a trademark examining attorney (TEA). The application process is conducted pursuant to the provisions set forth in the Lanham Act, including 15 U.S.C. Section 1052, which enumerates a number of reasons why the TEAS may refuse registration of mark.
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