Can a trademark be considered [New Info]

Last updated : Sept 2, 2022
Written by : Sandi Gagne
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Can a trademark be considered

Can be considered as a trademark?

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. The word “trademark” can refer to both trademarks and service marks.

What makes a trademark invalid?

Trademark Invalidation If the registration is less than five years old, the party challenging the trademark rights can rely on any ground that could have prevented registration initially. The likelihood of confusion and descriptiveness is the most common grounds asserted to invalidate trademark rights.

What words Cannot be trademarked?

  • 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.

What makes a trademark valid?

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

What are the 3 types of trademarks?

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

Can a single word be trademarked?

A trademark registration with the USPTO is a registered trademark and gets marked with the registered trademark (®) symbol. You don't have to register a word with the USPTO to get trademark status. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered.

Can a registered trademark be challenged?

A person can appeal to cancel the registered trademark only if they have been affected by the existence of such a trademark. The authority validates it under the following grounds: When it confuses or dupes any existing trademark. When a different person uses it and not the registered owner.

Can a trademark be overturned?

Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.

Can a trademark be taken away?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

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

1. Can You File for a Trademark That Exists? Updated November 12, 2020: 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.

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 you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

How strong is a trademark?

Strong trademarks are typically creative or unique, setting you apart from your competitors. These trademarks include fanciful, arbitrary, or suggestive trademarks. Fanciful trademarks are invented words. They only have meaning in relation to their goods or services.

What is 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).

How do you violate a trademark?

Breaking Down The Elements. To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

How expensive is it to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Is the Adidas logo trademarked?

The wordmark Adidas was trademarked in 1970, following its first recorded use in 1954. The trademark applies to the following categories: Sports equipment including balls, rackets, ice, and roller skates.

Can I trademark a common phrase?

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.

Can you legally own a word?

You cannot obtain a copyright registration for one word. Copyright does not protect names, titles, slogans, or short phrases. A copyright only exists for original works of authorship fixed in a tangible medium of expression. A copyright protects literary, musical, artistic, and dramatic works.

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Can a trademark be considered

Comment by Shelli Schrank

hey what's up everybody this is attorney dan nguyen and today i want to answer this question can a trademark be sold and the answer is yes uh trademarks are considered with uh intellectual property so most people think of uh you know real property or tangible property like gold or silver other assets that you own but uh intellectual property is what's known as intangible asset and you know you can't hold it like like some of the other things that are physical items but they do have some value in the marketplace and so you can buy and sell sell trademarks now of course they're only worth as much as some what another person or another business is willing to pay so um many years ago one of my clients they wanted to um actually want to acquire a trademark and so they actually told me how much money they wanted to pay for it which i thought at the time was a pretty significant sum so that helped me realize the the power of um having a registered trademark because you know having a registration mark registered traders does tell the uh does tell the world hey i own this exclusively for this particular uh sector business and so if you have the exclusive roots that means no one else can use it and you can command a higher price for it it's harder to sell a trademark or common-law trademark if you don't have exclusive use because when the buyer gets it they don't have um they don't have assurances that someone else has the rights to the name okay and so why it's very important to as part of your business and even part as as your exit plan to acquire registered trademark so that you can increase the value of your business for someone looking to buy it and so as part of the process of buying and selling trademarks you know there's a purchase agreement and there's representations and warranties that go along in that agreement but what another thing also is the transfer of the ownership or of a registered trademark to the new owner and after the that the agreement's assigned at there is something what's called uh the uh assignment uh assignment which is basically transferring from the old owner to the new owner and once you get that you do have to update the patent and trademark office database and you would go through this particular website to upload the assignment to the new owner and it does takes about seven days to get official notice okay so uh it does appear right away it does take a little uh take a little bit of time but um once it's uploaded you will be reflected as the new owner uh so uh to answer the question yes you can buy and sell trademarks make sure that in order to maximize your trademark uh make sure you have a fairly registered trademark and the sooner you do it the better because the um five-year clock for statement of incontesability starts running as soon as you get the registration and you are uh you would be in a much better position to command a higher price if you are with uh uh have filed that um statement of income testability okay all right so this is dan and if you're looking to purchase trademark looking to sell your trademark looking to make sure you're the new owner of the trademark for free reach out to us and see how we can help okay this is dan thank you bye you

Thanks for your comment Shelli Schrank, have a nice day.
- Sandi Gagne, Staff Member

Comment by Deshawn

what is considered confusingly similar a viewer wants to know so i'm going to spend the next three minutes discussing that issue i'm angela langlotz trademark and copyright attorney and i go live here on weekdays to discuss trademarks and copyrights so a viewer asked they commented on one of my youtube videos with a question which is what you can do if you have questions they said what is considered confusingly similar well something a trademark so we have two trademarks we've got the senior mark and then we've got the junior mark and so we ask ourselves is the junior mark confusingly similar to the senior mark such that registration of the junior mark would create a likelihood of consumer confusion with regard to the source of the goods and services behind the two marks if the answer is yes all right if there is a likelihood of confusion then the junior mark will not register so how close can we get well it's one of those multi-factor tests and there's a lot of factors but one of the big factors is are the goods similar or related if the goods are similar or related for the junior mark and the senior mark then that ups the likelihood that there will be a finding that the junior mark and the senior mark the junior mark is confusingly similar to the senior mark so we have to look at the goods if the goods are the same or similar or related then we also ask how close are the trademarks do they sound the same do they give a similar commercial impression do they look similar are they so similar that a consumer would be confused if they saw thing one and thing two on the shelf side by side they be confused and think that maybe thing two and thing one came from the same company the same source if the answer to that is yes then there is a high degree of likelihood that they they will be found confusingly similar and the junior mark will not issue so it's not just one thing that we can look at we have to look at how related the goods are that is a big question here so sometimes people think oh well i can avoid any any confusingly similar uh problems if i just add an s or if i spell it differently but it sounds the same and those things are incorrect all right so you can't just say it's not confusingly similar because you spell it differently or because you added an s those things don't neither of those things has any power to distinguish between the senior mark and the junior mark which is what we really need to do here so if the consumer would look at it and say that it's they're they're likely to be confused then the marks are confusingly similar so it's a pretty it sounds like a pretty straightforward analysis but because of all the factors involved it can be a lot more than that so this is why we recommend having an attorney do a trademark search before you file a trademark application because we tend to know a little bit closer where the lines are between the junior mark and the senior mark and we could advise you about that i'm angela langlotz you can find me online at on youtube just go search trademark doctor i've got over 450 videos there now you can also find me on facebook at forward slash trademark doctor and on at forward slash trademark doctor message me no don't message me i used to say message me i keep forgetting drop any questions that you have about trademark and copyright law into the comments and i will answer them just as i've done here in a future live video

Thanks Deshawn your participation is very much appreciated
- Sandi Gagne

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