Trademark what does it protect [New Data]

Last updated : Aug 23, 2022

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Which can be protected under trademark?

What is a trademark? A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

How does a trademark protect a business?

A trademark prevents anyone else from selling similar goods and services within the United States under that business name. The primary purpose of trademarks is to prevent confusion in the marketplace, so the protection applies to only a particular category of goods and services.

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 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.

Why do you need a trademark?

Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.

What's the point of trademarking a name?

Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. You can start the trademarking process on the U.S. Patent and Trademark Office's website. The application can be completed fairly quickly, but the entire process may take several months.

What is the benefit of trademarking a name?

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.

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.

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 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).

What words can you trademark?

Almost anything can be a trademark if it indicates the source of your goods and services. It could be a word, slogan, design, or combination of these. It could even be a sound, a scent, or a color.

What is example of trademark?

Brand names like Apple, McDonald's, and Dolce & Gabbana. Product names like iPod and Big Mac. Company logos like the golden arches at McDonald's and NBC's peacock logo.

What are the advantages and disadvantages of trademark?

Trademark registration is valid for a period of 10 years and wishes to renew after every 10 years. The most disadvantage of trademark registration is that you simply need to pay fees in every 10 years so as to take care of it. Non-payment of renewal fees may cause the removal of the trademark from the register.

Is a trademark worth it?

Protect Sales: Registering your business name for a trademark protects your sales by preventing consumer confusion. For example, if another company uses the same or a similar name to yours and sells a similar product, customers might think they're buying from you instead of your competitors.

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 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.

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

What are the disadvantages of trademark?

Trade Mark Classes Cannot Be Altered. One key difficulty with trade marks is that you cannot alter trade mark classes.
Difficulty with Litigation. Another key difficulty with trade marks is litigation issues.
Renewals.
Protection Limitations.
Risk of Being Genericised.

What happens when you trademark something?

When you trademark a phrase, you protect the words that represent your product or service. Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. That means a trademark can only be enforced in the business class where it is registered.

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.

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Comment by Kevin Cromuel

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 even if you happen to trademark your symbol through the US Patent and Trademark Office it's still protected this is referred to as common law trademark even if you haven't registered a trademark you can still use the TM logo to show you have a stake to the trademark although trademark protection by use gives you protection by a common law trademark by registration offers more protection this includes notice to the public about the trademark the exclusive right to use the trademark nationwide to distribute goods and services although used interchangeably under false pretences a trade name is simply a business name the trademark goes beyond that to identify a particular company's brand name because a trademark offers infringement protection it's important to have a mark that's easily identified for the sake of safeguarding your business you should consider filing a registration with the US Patent and Trademark Office this protects your business and gives you an edge in legal situations always use a descriptive word for your trademark rather than a generic one this makes your business more identifiable another interesting part of trademarks is that they help the hiring process brands inspire positive feelings at a sense of belonging to employees making the job more attractive as far as running a business trademarks are cheap ways to help your business the trademark costs only $275 after five years and ten years you have to renew for only a few hundred dollars each time if you have the tm2 your business name you're protected by law and unless a competitor starts to use the same name you typically won't have a problem however if you do business online throughout the States or overseas a trademark is worth the effort with up counsel you have the ability to trademark your company's image at a low cost and without the hassle of doing it solo make sure to contact up source for all your trademark needs questions and concerns

Thanks for your comment Kevin Cromuel, have a nice day.
- Gwenda Stflorant, Staff Member

Comment by rukavinad

here's a great question from Korra how exactly does a trademark protect your brand I'm on very medical the father of trademark factory and here's my answer to this question so what a trademark does it gives you the legal right to stop anybody from using the same or similar brand in association with the same or similar products and services you can take your trademark registration certificate a court and that piece of paper will be treated as the presumption that you own this trademark and that it's valid and you would be able to say these guys the defendant the bad bad bad person the defendant stole my brand they're using the same or the similar brand to sell the same or similar product or services and the defendant would have a very hard time proving that they don't because at this point once you have your trademark registration certificate they will have to prove that either they're using a different brand or it's four different products and services or that have to challenge your trademark by proving that you were not supposed to have gotten your trademark and that's a difficult thing to prove so that's what it does but again notice that I said that it gives you the legal right to do this by itself trademarks don't do anything you have to enforce them so when you've got your trademark registration certificate if you see that somebody's infringing on your mark and it's now gonna automatically you know make those infringement vanish as much as I'd love it to be so that's not how it works usually what you do is you would either send em a letter and say hey this is our brand stop stealing and stop doing all those bad things we don't want you to do instead do this this this and this and often they will comply because they see that you've got the right and they will know that if you were to take them to court they would lose or sometimes you would write that letter or fill out an infringement form in on a platform like for example on YouTube on Facebook on Twitter and Instagram whatever right if somebody's infringing your mark through those platforms most of those platforms have forms where you can submit an infringement request and say these guys are infringing on my registered trademark and those platforms would usually take the infringing content down pretty quickly now if that doesn't work if the letter that you send didn't wanna Cory if YouTube didn't take this down then your next step is to go to port and file a lawsuit there and yes you have to fight and yes you have to have some additional expenses protecting your brand but look if it's worth your time protecting that ain't probably worth your time and money enforcing that protection so I look at trademarks as ammunition my it gives you the ammunition to go after somebody who you think is uh taking a free ride on your brand who's taking a free ride on your reputation who's taking a free ride on what you build on that goodwill and you don't have to do it against every single person who infringes but you do have to take action if you see that it's becoming a concern so like I said to summarize this how exactly does trademark protect your brand it gives you the opportunity to have a piece of paper that you can show to the judge in the end of the day that's what it boils down to and show this to the judge and say this proves that this is my brand and this other person they don't have the right to use it I never gave them a license I never gave them permission to use my brand so what they did is illegal and I want them to stop doing this right away and on top of that I want them to pay me a lot of money and that's what your trademark registration would do that's what your trademark registration would accomplish now hope this answers your question if it doesn't make sure you comment below so I should have follow-up video and by the way if you have any other questions that I haven't answered before post a comment below and I'll answer your question and video just like this one and if you haven't subscribed yet make sure you do and I tell then I'll see you in the next video

Thanks rukavinad your participation is very much appreciated
- Gwenda Stflorant

About the author

Gwenda Stflorant

I've studied physical organic chemistry at Washburn University in Topeka and I am an expert in monetary economics. I usually feel sick. My previous job was radio & tv sports announcer I held this position for 8 years, I love talking about conlanging and samba dance. Huge fan of British Royal Family I practice netball and collect sports memorabilia.

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