Is trademark same as brand name [Last Infos]

Last updated : Sept 3, 2022

Is a trademark the same as a brand?

A brand is a name given to a product by its owner or manufacturer. A trademark is a term, phrase, or symbol that is legally protected by statute. A brand name is not protected legally.

Should I trademark my brand name or logo?

For this reason, you should apply for both trademark registrations if you have a business name and a logo you wish to protect. Wordmarks and design marks represent two very different aspects of your brand. Protecting just your name may not sufficiently protect your logo from being used by someone else.

Is a brand name copyright or trademark?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

Can I trademark my business name?

Your brand is your company's identity, so it's critical to secure it with a trademark, which prevents someone from improperly using your business name or branding. To get a trademark, you'll need to file an application with the United States Patent and Trademark Office (USPTO).

What type of brand is trademark?

A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand. Trademarks are generally considered a form of intellectual property and may or may not be registered.

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.

Who needs a trademark?

Business owners that have a distinctive business name, motto, logo, slogan, symbol to represent their product, service or business may want to consider registering it as a trademark from the U.S. Patent and Trademark Office, or USPTO, a federal agency, and/or a similar state agency.

When can I start using my trademark?

Once we file the trademark within 1-2 days you may start using the TM symbol and after receiving a certificate you can use the ® symbol.

Can you trademark a 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.

Do I have to trademark my logo?

To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

What happens if I don't trademark my business?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

What are 3 types of trademark?

• Product Mark. Product mark is a mark that is used on a good or on a product rather than on a service.
• Service Mark. Service mark is similar to the product mark but a service mark is used to represent a service rather than a product.
• Collective Mark.
• Certification Mark.
• Shape Mark.
• Pattern Mark.
• Sound Mark.

What are the 4 types of trademarks?

• Generic. A generic term is a common description that does not receive trademark protection.
• Descriptive.
• Suggestive.
• Arbitrary or Fanciful.

What is example of trademark?

The McDonald's® golden arches design is an example of a registered trademark in special form format. The company Nike registered this trademark in special form format, combining the stylized word Nike® with their swoosh logo.

Can I change my trademark name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

Who does a trademark protect?

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

How do I register a brand name?

1. Register on the trademark office portal:
2. Trademark search:
3. Filing of trademark application:
4. Examination of trademark application:
5. Show Cause Hearing:
6. Publication of Mark in Trademark Journal:
7. Trademark registration & certification:

Who is the owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

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i'm not sure who asked this one but it's one that a lot of people kind of struggle with and it's it's because it's not easy to wrap your head around it the first time you have to think it through so let me see if i can explain it in a way that makes sense to you so here's a question what's the difference between your brand name your business name and a trademark what's the difference between a brand name a business name and a trademark okay so let's see if i can explain this for you so simply put your brand name can be anything at all you want to be you want to call your product your suite of products can be anything at all neil's fluffy toy emporium could be my brand name for my suite of products and then underneath uh within my fluffy toy emporium of course i can sell all sorts of different fluffy toys okay but my blank brand name neil's fluffy toy emporium that is mine uh no the only thing i need to do to have that as my brand name is just to say that's my brand name it's it's honestly as easy as that now it makes sense before you decide upon your brand name to just check that somebody else hasn't decided that they want the same brand name and they've already got their first okay so it makes sense to do that and in the aoe training i show you exactly how to do that how to just check that the brand name you want is available for you to have somebody hasn't already kind of claimed it first and started calling their products neil's fluffy toy emporium all right but as far as the legal side of things as far as the amazon side of things once i say that's what i'm going to call my suite of products neil's fluffy toy emporium that's it i can get my logo done uh i am done as far as that's concerned okay next comes the next level of legal uh protection for your business because this is what we're really talking about here which is a business name very very different i could call my brand name anything at all and as long as nobody else has got that somewhere around the world big what to do for me i can have it my business name is different okay now i can have exactly the same business name as my brand name i can call my business neil's fluffy toy emporium pty ltd for a company or i can just have neil's fluffy toy emporium for my soul trader no dramas at all so all i need to do to register my business name is go to let's just pull it up here so go to asic.gov register a business name and i can register my business name with asic now that is very very i really recommend you do that it is 37 from memory for the year and 87 for three years to register your business name with asic now that is different to your company name it is different to your sole trader these are all different things but what i would suggest you do is register your brand name neil's fluffy toy emporium as a business name too you can have heaps of different business names you don't just need one you can have heaps of different ones and that gives you another level of protection okay however none of what we've discussed so far affords you any real legal protection if somebody decides that they also want to sell your products and none of it really affords you any protection on amazon which is what we're really here to talk about and for that you'll need a trademark trademarks in australia they've actually made the process really quite easy you get them from ip australia and i'm going to give you a link for that i p australia ip australia and they uh are currently a trademark which will allow you to protect your brand name neil's fluffy toy emporium and also register for brand registry on amazon currently a trademark using the head start process is this there you go that's all the different prices for your thing and it depends how many classes you want to put it into but you'd only really need to put it into one class okay so there's that so that's the three different levels level one is no legal protection whatsoever you just decide you're gonna call your business neil's fluffy toy emporium you get a logo made you're dumb level two you register your name with asic level three you register your name with ip australia that's the three levels of business name so brand name business name and trademark in australia okay oh uh i don't know if this is true or not but nick hemsel says ip australia are increasing their prices as of october 1 as of october 1st okay so we'll have to take nick at his words for that i don't know if that's right or not but uh that's what nick says so if you're gonna get it done get it done now now i will tell you um registering a trademark is i think best left to a legal professional the person that i think you should go and use is actually in the aoe community her name is kate sun and uh kate has registered heaps and heaps of brand names for heaps and heaps of different people so if i come over to discussions if you want to find kate all you need to do is tag her in a post and to do that just start with the at sign and then to start typing kate and then sun and it's double double n like that and kate will do that she she's got very very good rates way cheaper than anywhere else okay she's awesome she's an intellectual property professional and she'll be able to help you out she does really good deals okay so there you go hey neil here just before you go away that was a question that i got asked on my regular monday night q a session which i have with the members of the aussie online entrepreneurs so if you're interested in joining us as an australian entrepreneurs and you can click on the link below to find out a lot more about that and and also as a special thank you for watching this video i've got a great book that i want to give you for free it's a current best seller on amazon and it teaches you everything that you would need to know about starting a business uh here in australia on amazon so you can see that just up there so if you'd like to get a copy of that for free then again just click on the link below and uh you'll get a copy of that you'll get to take into a page where you can get a copy of that for absolutely free hope you enjoyed that little snippet from one of my aussie online entrepreneur q a sessions and make sure that you subscribe to my channel and also like this video and if you've got a question that you would like answering then post it in the comments below and uh i'll do my best to answer it whether on one of these videos for you or directly in the comments directly below all right thanks so much for watching and uh i'll catch you next time on the next of the aussie online entrepreneurs amazon fba australia videos see you soon

Thanks for your comment Nathan Straton, have a nice day.
- Kristopher Bodiroga, Staff Member

can you get a trademark if someone else is already using your name the answer is maybe just maybe it depends upon a few things let's talk about them first if someone else is already using your name but they don't have a registered trademark then you just might be in luck so let's say that you've been operating I don't know Sam sandwich shop and is another Sam sandwich shop in some other part of the country or the world that's been using their name longer than you if they didn't file for trademark protection first you can still race them to the trademark office file your application and possibly get your trademark rights first so just because someone else is already using your name even if it's in connection with the same business as you you could still obtain trademark protection but what if someone has already filed for trademark protection for their name before you and has trademark rights can you still get trademark protection the answer is still maybe alright I'm chock full of good news today so two companies with the same name can both have trademark rights so long as they have different types of goods or services this might surprise people because you may think that once you have a trademark you get a monopoly or exclusive rights to use your name but that's not the case you only get exclusive rights within the same classes or categories or types of goods and services that you offer so think about Delta the airline and Delta the water faucet company both are called Delta both have trademarks and they're allowed to do so because consumers aren't really confused they don't think that the same company that flies planes also helps you get water from your sink so if you have a name that you want to get protected but you're worried because you see somebody else is out there online using it or you know that they have a registered trademark you're not dead in the water yet by contacting a trademark attorney they can run what's called a trademark clearance search and be able to determine one what is your likelihood of success of getting a trademark based upon what other trademarks have been filed before you or what roadblocks might exist for you obtaining trademark protection and by having that information you and your trademark attorney can come up with a plan of how to protect your business name or logo and get all those wonderful and exclusive rights that come with trademark protection but you might be thinking Ethan what are these wonderful benefits that come with getting a trademark I'd love to tell you about them but you've already been watching this video for like two and a half minutes so instead I invite you to visit trademark Tuesday's com where you can download our free guide called how to protect and grow your business or brand with trademarks and it's going to provide you with answers to all common questions about trademarks such as what is the trademark process what are the benefits or what will happen if someone else uses my name so visit trademark Tuesdays dot-com download your free guide and get all those juicy answers to those tough trademark questions that you've been thinking about there's actually coffee in this cup okay not much less but you were thinking I was faking it uh-huh it's coffee it's cold but there's coffee

Thanks Evita your participation is very much appreciated
- Kristopher Bodiroga

About the author

Kristopher Bodiroga

I've studied energy economics at Assumption College in Worcester and I am an expert in stochastic processes. I usually feel moody. My previous job was materials engineer I held this position for 28 years, I love talking about car riding and stargazing. Huge fan of Martin Kemp I practice american football and collect beanie babies.