State of Wisconsin Trademark/Tradename Information Wisconsin Statutes define “mark” as “…a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation, or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or service as having been made, prepared or provided by that person and that is registered by that person under s. 132.01.” Registration of a “mark” is a public record that shows the date a party began using a mark. While registration may discourage others from using the same or similar mark, it offers no absolute protection from future conflicts. Registration of a mark does not give exclusive rights to that mark. Rights to a mark are acquired through use and not merely by the registration. A business using a mark for a number of years without registering it could have rights over a business just beginning to use it, regardless of the new firm’s registration with this office. Rights may be acquired by using a mark to such an extent that the public comes to associate it with a particular party so far as a certain product or service is concerned. However, until a court determines exactly who has such rights, no party has exclusive rights to a mark, regardless of whether or not the mark has been registered with the Department of Financial Institutions. Wisconsin Statutes do not require the registration of marks with the Department of Financial Institutions. Consequently, many marks are in use without being registered here, and therefore this office has only a partial listing of those in use by businesses operating in Wisconsin. Other areas to investigate might be the Internet, telephone books, trade journals and other publications available at the public library. Questions about corporate names should be directed to our Corporate and Consumer Services Section at (608) 261-7577. Before registering a mark with this office, a person should be reasonably sure that use of the mark would not infringe on another party’s rights. The Department of Financial Institutions is required to accept all properly completed applications, regardless of any similar or identical prior registrations. If a party claims exclusive rights to a particular mark and is faced with infringement of those rights, it should be understood that the Department of Financial Institutions has no authority to determine who has any such rights. Any conflicts must be resolved between the parties involved, or by the courts. Anyone wanting an opinion regarding exclusive rights should consider consulting a private attorney. The Department of Financial Institutions is not authorized to provide such services. Any questions about the registration of marks should be directed to the Department of Financial Institutions, Trademark Records, P O Box 7847, Madison, WI 53707-7847. Telephone: (608) 266-8915. Office location is 354 W. Washington Ave 3rd Floor, Madison WI. 7/1/2011 American LegalNet, Inc. www.FormsWorkFlow.com