Unlike a patent, which has a limited life, a trademark can survive for as long as its owner continues to use it to indicate source, origin or quality. The Lanham Act also protects federally registered and unregistered marks from a wide variety of misrepresentations of products and services. Most unfair competition and false advertising claims cases are based on these protective laws. Trademark practice also includes service marks, trade names, trade dress, collective marks and certification marks. Trade names are used by manufacturers, industrialists and merchants to identify their businesses.
Trade dress is the total image of a product, package and advertising.
Collective marks are used to indicate membership, an association, or other organization. Certification marks are used to certify regional or other origin, material, mode of manufacture, quality, accuracy or other characteristics of such person's goods or services or that the work or labor on the goods or services was performed by members of a union or other organization. The very age of the concepts adds, however, to the complexity of the field, as the passage of time expands the volume and variety of property interests enjoying the protection of law. Long considered one of the most arcane areas of the law, patent and trademark law is assuming ever greater importance as the speed of technological development accelerates. Mr. Rosenbaum is Of Counsel to the Firm, Resident in the Washington, D.C. office.