Registered trademark que es [Fact-Checked]



Last updated : Sept 12, 2022
Written by : Wilfred Holes
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Registered trademark que es

What is a trademark registration?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

What is the purpose of trademark?

Trademarks, copyrights, and patents protect different types of intellectual property. 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.

What is a trademark for a business?

According to the United States Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.” It's a legal protection you can use to take legal action against an entity if they're ...

What are some 5 examples of trademarks?

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

What are the benefits of a registered trademark?

Having a registered trademark on file gives the business owner additional protections, including presumed ownership, and diminishes the burden of proof. BENEFIT 2: By registering the trademark, you ensure that your trademark is not similar to any other registered trademarks.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

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.

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.

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.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

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 trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

What companies use trademarks?

  • Google is the most popular search engine, and its trademark is worth $44.3 billion.
  • Microsoft has a trademark value of $42.8 billion and a market cap of $204 billion.
  • Walmart has a trademark value of $36.2 billion and a market capitalization of $184 billion.

What are 3 items that can be trademarked?

Trademark Basics Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

What are the three types of trademarks?

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

Is it worth registering a trademark?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.

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:

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

What names can you not 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.

Who is trademark owner?

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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Registered trademark que es


Comment by Dylan Vrana

hi everyone I'm attorney aid in Durham with 180 lock Oh in Denver Colorado and you're watching all up in your business in this episode of all up in your business we're going to talk about the steps to take to trademark a name a business name or a product or service name and these steps are also going to apply to trademarking a logo but there are a few little differences if you're doing a logo versus trying to trademark a name but first before we get into it huge announcement coming at you March 4th is brandish DIY your trademark application during this one-hour webinar and mini workshop I'm going to teach you step by step how to prepare for complete and submit a trademark application without a lawyer and registration opens soon so if you want to learn the exact steps to take to file a trademark application without a lawyer check the description below for a link to get on the waitlist and to get some special early bird discount opportunities - all right let's talk about how to trademark a name the first step before you go trade marking anything is make sure it's something that's worth trademarking what makes a name more or less worth trade marking it really depends on how strong or weak it is a weak trademark is one that is more generic or common or descriptive versus a strong trademark which is something that's very arbitrary or very distinctive very creative and so the stronger your trademark is the stronger the trademark registration is going to be so if you have a really weak trademark something that typically makes it weak is if it's very descriptive of your goods or your services or if it's primarily your last name something like that makes a trademark on the weaker side and with a weak trademark if you register it all you have is a registered weak trademark and your trademark rights will ruffle to that if you have a weak generic trademark name your rights to enforce that trademark are gonna be somewhat limited and weaker versus if you have a very arbitrary name that's a stronger trademark then your registered trademark rights are gonna be a lot stronger to a few examples of very strong trademarks are like Google Google wasn't even a word until Google came out and created it so any like brand new word or creating a new word creating a new sound combining words to create something new that's the best thing you can do is create a brand new word or a brand new trademark that no one's ever seen before that's gonna make it stronger versus a weaker trademark so if we've decided that it's worth pursuing a trademark registration the next thing we want to do is make sure it's available to even register and use in the US a good first place to start with searching for your trademark availability is of course Google or your favorite search engine type in the trademark that you're looking to register and see what comes up if there's a bunch of other business listings for similar types of products or services if the exact trademark that you want comes up a lot or if there are a lot of similar variations then that might be a little red flag that maybe this trademark has already taken or if it's not taken necessarily registered if there's a lot of competition with that trademark that's going to affect how strong and distinctive your trademark is so if you're seeing a lot of similar variations of your trademark or identical trademarks then you might want to think about how that will impact your registration and then after doing a Google search you can also do a search on the Whois database to see what kind of domain name registrations already exists that incorporate your trademark or something similar to it and then the USP tío has a really good search database available - this allows you to search for pending trademark applications and registered trademarks that might be identical or similar to yours so if you go to the USPTO s website its uspto.gov and you'll navigate to their tests tes s system and this is where you're gonna do that search and you'll usually be able to do just a basic word search for your name now this is where the difference comes in if you're trying to trademark a logo then you'll want to do a design search which is a bit more complicated than just a basic word search so here you can type in the trademark name that you're wanting to use for this example I'm gonna type in all up in your business and then we'll see what comes up so let's say you were wanting to register your trademark all up in your business for your local ice cream shop we see here there is an active live registration for all up in yo business so what's important to note if you do find trademarks that are identical to yours or kind of similar to yours pay attention also to the goods or services that are associated with that registration there are two things primarily that go into trademark applications and trademark registrations the first is the similarity of the trademark itself the second is the similarity of the goods or services so if I'm opening an ice cream shop called all opinio business this current all up in your business registration is for like legal services and things that have absolutely nothing to do with ice cream or ice cream shops so with this finding I am relatively safe feeling like I can proceed with my application because there aren't any that are so similar in trademark and in the goods and services that it's likely it'll get through but if you do find something in the database that is kind of similar to your trademark and goods or services are somewhat related or if they're identical then again that's a red flag that you're going to want to take into consideration and maybe go back to the drawing board because if someone else already has that trademark registered in a very related category of goods or services that's going to impact how your application goes and whether or not you're going to get that registration you can also use some third-party trademark search tools there are companies out there that will do a very thorough trademark search these aren't lawyers or law offices they're just trademark search companies that will search the USPTO and common-law usage and even international usage and then what they'll do is they'll compile all the information and give you typically this very large report summarizing what they found now if you're not a lawyer and you don't know how to actually interpret and analyze those results it may not do you a whole lot of good to pay for that kind of a search but if you can figure out how to analyze what you're looking at then using one of those services for a pretty extensive search is a good idea but really the best option is to use an attorney to help you with this clearance search because the attorney is gonna not only know what to search for but they're also going to understand what they're looking at and they're gonna know how to analyze that in the context of your trademark and determine what it actually means for the fate of your trademark application so if we've determined we want to file the application and the trademark is available the next step is to start using the trademark now ok


Thanks for your comment Dylan Vrana, have a nice day.
- Wilfred Holes, Staff Member


Comment by Gail

Jeff is a business coach he came up with the name logo and many memorable visuals for his business I don't get it I just don't get it hello trademark factory here how come some brands have a TM symbol next to them and some have an R in a circle symbol what's the difference which one should I use once you've decided to use a particular brand for your business start putting the TM symbol next to it oh that's simple what the TM symbol says to the public is that you're using this logo name or tagline as your trademark in fact this means that you yourself think that it is your trademark well I certainly think that it actually has an added advantage because a lot of people don't know trademark laws and think there is something more required from a business owner before they can place the TM sign next to their trademark customers may take you more seriously even though all you had to do was insert an extra character in all of your branding and marketing materials do you mean I can just place it next to my names and logos just like that yes and I don't need you to do anything for me nope you can do it yourself and I don't need to pay anything to anybody to do it nope just go ahead and do it then what does the R and a circle mean this means that the trademark is registered while the TM sign means that you yourself think that it is your trademark the are in the circle sign means that you yourself think that it is your trademark and the government agrees well my trademarks are not registered can I still use the AR and circle symbol no you may run into a lot of trouble if you do especially in the United States thank you you


Thanks Gail your participation is very much appreciated
- Wilfred Holes


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