What does trademark by mean [FAQs]

Last updated : Sept 16, 2022

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What do you mean by 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 â€œtrademarkâ€ can refer to both trademarks and service marks.

How do you know if a logo is trademarked?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and. Live.

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.

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 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.

How do you trademark a name?

Key takeaway: To register and trademark your brand name, search the TESS database for similar brand names, fill out the trademark application and submit it to the USPTO for review.

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.

Is it better to trademark a name or logo?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can someone steal my logo?

Logo theft is a violation that occurs when one party steals or uses another party's trademarked logo without their permission. This is a more specific term for trademark infringement, and can take many forms. It typically involves the theft of a trademark or a service mark.

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 Â® symbol.

Do I really need to trademark my business name?

Trademarks are managed by the U.S. Patent and Trademark Office (USPTO). 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.

When should I trademark my business name?

In most cases, the best time to file a trademark application for your business name is right after you've filed paperwork to form your LLC or corporation. By doing this before your business officially launches, it protects the name for commercial use once you're up and running.

Which is better copyright or trademark?

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.

How much does it cost to buy a trademark?

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).

How much does a trademark logo cost?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275â€“$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

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 strong trademark name?

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.

Why do you trademark 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.

Can you trademark a person's name?

It is not illegal for the U.S. Patent and Trademark Office to register a person's name as part of a trademark, but it only grants this level of protection to names that are widely used in commerce or are unique. Trademarks are granted to protect established brand names from inferior competition.

How do I protect my brand name?

The most common way to legally protect your brand is to register a trademark or copyright, or both, to put the entire world on notice of your claim to the exclusive rights in the registered mark or work.

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Comment by Helene Fulgham

he folks today we're going to be discussing the differences between copyright and Trademark just a quick disclaimer to say that I am NOT an IP professional if you do require intellectual property advice please do seek out professional help so what is copyright copyright is there to protect your original creative works you can't copyright an idea you can copyright things like literary work dramatic works Musical and artistic work as long as they are in a tangible form what do I mean by a tangible form well things like books film recordings websites software photography paintings or graphic design elements like business cards or brochures having the copyright then gives you the exclusive rights to perform distribute make copies of or even make adaptations of your original creative work here in the UK there is no requirement to register your copyright it just happens automatically as soon as the work is created this may be different in your location so please check with your local Copyright Office or intellectual property office to get the full facts on how copyright is assigned in your country protection on copyright generally lasts for the lifetime of the author Plus 70 years again this may be different in your country so please check once you have created your work and the copyright is assigned you then have permission to use that little copyright symbol the little C inside the circle along with the year that the work was created however there is no requirement to use that little C symbol the copyright still remains with you at all times so let's move on to registered marks there are two types of registered marks and both of these can be used to protect the sale of products or services for a business the first is the trademark which is used to protect goods or products and the second is a service mark which you would use to protect services that you provide generally though people tend to use the town trademark to cover both our trademark and the service mark for the purpose of this video I will be using the term registered mark which covers both examples of things that can be covered by a registered mark would be a company name a slogan a sound a color under logo once you have that registered mark you have the exclusive rights to use that mark with your product or service it allows you to stop other companies businesses or organizations from using a similar mark to promote or sell a similar product or service what you can't do is you can't prevent someone from using a similar mark if they are using it to promote or sell a dissimilar product or service let's look at this example of two locals one for Sun Microsystems and the other for Columbia Sportswear now visually these two logos are very similar especially if they were both in black for example and you just had a quick glance at the logos the reason that both of these similar logos can exist and be registered as marks is that there are two completely different industries Sun Microsystems is in software and computing and Columbia is in sportswear two very different industries now however let's say Sun Microsystems were in the spa for businesses while then we would have an issue because they would both have similar marks selling or trading similar products this can't happen so what would happen here is that the company that registered their mark first would be able to prevent the second company from registering the mark which is similar to theirs and in a similar industry in its simplest form registered marks are there to help the consumer differentiate between brands and the products and services that they sell if when you try to register a new mark the internal Property Office will look at existing marks and if they feel that by registering your mark this may cause confusion for the consumer when they are looking to buy a product or service from someone who is in the same industry as you they will deny you that registration once you have registered your mark though you can use the little R symbol inside the circle next to your logo or your brand name unlike copyright registered marks can last indefinitely but they do have to be renewed every 10 years one thing that you cannot do is you cannot register a mark and sit it on a shelf for use at a later date for a registered mark to be viable it must be in constant use so those are the main differences between copyright under registered mark or as I mentioned earlier most people just use the town trademark I hope this cleared up any confusion you may have had in the past about the two terms and you can move forward safe in the knowledge that you have the correct understanding for both for more brand and design advice why not join hundreds of other brand rockers who have signed up to my rock your brand monthly email newsletter it's absolutely free and the advice that I give in there will help you to strengthen your brand and stand out from your competition head on over to rock your brand or quote at UK and sign up until I see you next time folks stay creative

Thanks for your comment Helene Fulgham, have a nice day.
- Lorenzo Kneefe, Staff Member

Comment by Fermin

people when they have a product get confused as to how trademark works a trademark is simply an identification of the source of goods or services it's not the product itself is the source of a product for example Tide laundry detergent tide is the maker of the laundry detergent it's not the actual detergent itself although often trademarks people come to identify them so closely with the product they may substitute the name of the trademark for the product but it's supposed to be a brand and represent the source you obtain trademark rights from actual use in commerce or by registering your trademark with the United States Patent and Trademark Office you can register your trademark what's called an intent to use or ITU trademark application before you have any sales when you've just thought of your idea for a name for example many times people register their trademarks in advance before they their product is fully developed or before they're ready to do sales in fact people will often check online on the intent to use trademarks because they are publicly available publicly available to see what other companies are doing in fact the Apple stores were known before app will announce them because they had several trademarks on file for intent to use for Apple Store and other names related to the store it's a good way to keep a track of what your competitors are doing the best trademarks that you can make or file for our arbitrary and don't have anything to do with the product itself for example Apple is associated with computers now but it an apple itself has nothing to do with computers kodak associated with film very strongly but kodak was a made-up word that the creator of the trademark felt had a strong name and strong sound and so used that as a trademark a trademark such as microsoft all the world-famous trademark is not the strongest trademark because there are a lot of companies that have micro blank or blank soft in their titles because it's not arbitrary it really is associated with product itself so if you are going to have a trademark for your company you can do it in advance and you should think of a name that is arbitrary and doesn't describe the product so closely

Thanks Fermin your participation is very much appreciated
- Lorenzo Kneefe

About the author

Lorenzo Kneefe

I've studied systems analysis at Berklee College of Music in Boston and I am an expert in educational philosophy. I usually feel crappy. My previous job was nuclear technicians I held this position for 20 years, I love talking about shooting and jam skates. Huge fan of Kevin Durant I practice mountaineering and collect autographed baseballs.

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