Trademarks extend the company's public image not only through the product or service, but also through printed material, packaging, and advertising which bear that mark. An owner can protect a trademark by common law or by federal registration. Common-law protection begins with the first use of a mark and is indicated by TM , while federal registration requires a more complicated procedure. Such registration guarantees ownership of the mark and entitlement to its use throughout the nation. It can be devastating to a corporation to establish a product name and trademark recognition only to find that its use is challenged by a previously unknown owner.
Registration protects against litigation and liability as well as costly damages.
When a trademark is to be used in a complicated manner, it is wise to consult a lawyer regarding the value of federally registering the mark. Once a trademark is registered, ownership continues for a renewable period of ten years. Midway through the first decade, however, the owner must file an affidavit of intent to continue use of the trademark. In the absence of such documentation, the registration is canceled. Whenever a new business is begun or a new product line is established in an existing company, a unique name, trademark, or logo is created.