Can a concept be registered as a trademark [From Experts]

Last updated : Aug 2, 2022

What Cannot be registered as a trademark?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Can something be both copyrighted and trademarked?

Both are legal protections for intellectual property, but not of the same kind. Intellectual property that can be trademarked cannot be copyrighted. Intellectual property that can be copyrighted cannot be trademarked. For example, a company can trademark its name and logo and copyright its videos and books.

Which of the following is not protected by trademark laws?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

How do I trademark a phrase for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Can you trademark something that already exists?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can a common word be trademarked?

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. That secondary meaning must be one that identifies the phrase with a particular good or service.

Which is better trademark or copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Can you patent an idea?

Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.

What's the difference between a trademark and a registered trademark?

What is Trademark vs. Registered? The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).

What type of things can be trademarked?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors.

What can be protected under trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

What is covered by trademark?

Trademark law applies to the use of words, phrases, symbols, slogans and other "marks" to identify the source or sponsorship of goods or services.

Can you make money off a trademark?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I trademark my slogan?

Yes, you can trademark a slogan. It is common for businesses to use catchy slogans in their marketing and advertising. In order to secure a trademark on your slogan it must be creative enough to be distinct from other slogans and identify your good, product, or company.

What are the three types of trademark?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can there be two trademarks with the same name?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

How do you trademark a concept?

1. Choose an Original and Distinct Phrase.
2. Search the USPTO Database for Your Phrase.
3. Select the Appropriate Filing-Basis for the Trademark Application.
4. Select the Appropriate Class of Goods/Services and Description of the Goods/Services.
5. Pay the Appropriate Gov.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

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Thanks for this great article

Thanks for your comment Felicita Sheridon, have a nice day.
- Renna Osaile, Staff Member

what can be registered as trademark if you're new to our lk channel please subscribe to us and don't forget to click on the bell icon to get the latest updates on new videos there are three types of trademarks to register they are name name is any set of words that create an identity it can be a business or a company name product name and abbreviates business or company name you can register your company or a business name as an intellectual property for example product name any particular product name can be registered as a trademark for example apple's ipod abbreviates any abbreviates used to represent your brand name product name or personal name for example bmw logo or device or symbol any visual representation pictorial depiction of your brand as a trademark a logo containing tagline color mark scent mark or sound mark can be wholly registered as a device trademark tagline any catchphrase slogan or a punchline assigned to your brand can be registered as a trademark for example our tagline your vision our goal nike tagline just do it there are other marks where you can register your trademark such as kalama scent mark and sound mark color mark is a trademark with a combination of colors representing your brand scent mark the brand must visually represent the products sent for it to be registered as trademark sound is any sound or music that can be registered as trademark proven its distinctively are you searching for trademark attorney for your trademark registration we at lk assist you in representing the identification of your brand please do connect with our team at reach rate lk.com or whatsapp as at 986 96235

Thanks Alison your participation is very much appreciated
- Renna Osaile

About the author

Renna Osaile

I've studied systems neuroscience at Southern Oregon University in Ashland and I am an expert in multi-valued logic. I usually feel crushed. My previous job was surveying technicians I held this position for 10 years, I love talking about butterfly watching and jogging. Huge fan of Anna Kendrick I practice surfing and collect cards.