What is a trademark and its functions [Explained]

Last updated : Sept 5, 2022
Written by : Tequila Zulkowski
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What is a trademark and its functions

What does trademark application mean?

Related Definitions Trademark Application means a formal written application for registration of a Trademark with the United States Patent and Trademark Office or equivalent governmental authority in another country.

What is a trademark and how does it work?

A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

What is a trademark and how do you register it?

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 a trademark and do I need one?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

What is the benefit of a 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.

What are examples of trademark?

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

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.

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.

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 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.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

Can I trademark myself?

Yes, you can trademark yourself, as long as you are in connection with your products or services. This information was provided by our founding attorney, Xavier Morales, Esq. It is possible for an individual to trademark an image of themselves as a product's logo.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

What's the difference between registered and 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 does a trademark protect you?

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.

Do you pay taxes on a trademark?

Report your profit from the sale of the trademark on your income taxes. You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the "income tax basis", which is the reference point for determining tax liability upon sale and depreciation deductions.

Is it worth it to file a trademark?

It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your 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 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.
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What is a trademark and its functions

Comment by Chad Mitcham

hello everyone in this video we will learn about functions of trademark so let's begin the video trademark and functions trademark performs following different functions it identifies the goods or service or its origin trademarks distinguishes one's goods from others it guarantees quality advertises and promotes the goods or services it creates an image of the product or service and brand identifiers in the next video we will learn about trademark and its significance so stay tuned

Thanks for your comment Chad Mitcham, have a nice day.
- Tequila Zulkowski, Staff Member

Comment by Branden

Thanks for this interesting article

Thanks Branden your participation is very much appreciated
- Tequila Zulkowski

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What is a trademark and its functions