Quick Answer: What Is The Best Way To Protect A Trademark?

How do you use a trademark correctly?

Guidelines for use:Use the trademark as an adjective.

Always use the trademark as a proper adjective, not a noun.

Highlight the trademark.

A trademark should be used in a manner which will distinguish it from the surrounding text.

Avoid the possessive or plural.

Correctly mark the trademark..

What words Cannot be trademarked?

However, you can’t trademark:Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

Can I use the TM symbol without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can you trademark a common word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

What type of trademark gets the highest protection?

Federal Trademark RightsFederal Trademark Rights This is the highest level of protection for trademarks in the United States. These rights require registration with the U.S. Patent & Trademark Office.

How do you know if a trademark is taken?

Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.

Should I trademark my business?

Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.

What is trademark in simple words?

A trademark (or trade mark) is a way for a business to help people to identify the products that the business makes from products made by another business. A trademark can be a name, word, phrase, symbol, logo, design, or picture. It can only be used on things made by the business that owns the trademark.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

What does trademark protect 2 points?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

What are examples of trademark?

Five Classic Examples of Trademark1.) Name – Coco Chanel is a perfect example of a name that is a trademark. … 2.) Symbol – The McDonalds golden arch is a classic example of a symbol trademark. … 3.) Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked. … 4.) … 5.)

Does an LLC need a trademark?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. … While the process of registering a trademark is more involved than registering a DBA, rights to your name will be enforced by both federal and state governments.

What does a trademark protect for how long?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What protection does a trademark give you?

Purpose of registering a trade mark A registered trade mark provides you with exclusive rights to use, license and sell the mark. It’s also a valuable marketing tool because the value of your trade mark increases with the success of your business.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

Why is it important to protect a trademark?

A trademarked name marks all of your products and services as yours and no one else’s and can also protect you from counterfeit products. … Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.

How much does it cost to trademark a catchphrase?

Trademarking a slogan comes with the same fees as other trademarks. The cost will range from $225 to $400 dependent on the TEAS form you use. The price is inversely related to strictness of the requirements you must meet. You’ll see the lowest fees with the TEAS Plus application which is $225 per class.

Should I trademark a phrase?

Trademarking a phrase that you use in your business is a good way to protect your brand and make sure your competitors don’t use similar phrases.

What happens to a trademark if it becomes too generic?

If they don’t, a competitor can start an abandonment action and ask for the cancellation of a trademark because it’s become generic. This process is called genericide. … The trademark loses its legal protection, and any competitor can use it to promote their products.

What Cannot be protected by trademark?

Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively. As always, work with an experienced attorney to determine what aspects of your business need protection and how best to protect them.

What is the point of a trademark?

There are two main purposes that a trademark serves. One is distinguishing and identifying services or goods that a seller or manufacturer sells or is sold by other companies or sellers. The second is to give the public the information about where the logo, name, or brand came from.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

Can I challenge a trademark?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Will Google lose its trademark?

Google retains its trademark though the name is used as a verb, appeals court says. A federal appeals court has ruled that Google has not lost trademark protection for its name even though some people use “google” in a generic sense as a verb for the act of searching the internet.