When your registration is complete, ® you can start using the trademark symbol next to your name. It is your responsibility to enforce your trademark rights. It`s important to monitor your brand and act quickly if you think someone is hurting it. First, you need to search the federal database to make sure that the name you are trying to register is not already a trademark. You can do this using the USPTO`s electronic trademark search system, also known as TESS. You should not only search for the name you want, but also similar names. Your registration may be rejected if the name is too similar to a name already registered in the same class. However, a trademark goes a step further and prohibits trademarks that have a “likelihood of confusion” with an existing trademark. Therefore, a company cannot use a symbol or brand name if it looks, sounds similar, or has a meaning similar to what is already on the books, at least if the goods or services are related. If the trademark owner believes that these rights are being infringed, he may opt for legal action. Brands can be bought and sold. For example, Nike (NKE) bought the instantly recognizable swoosh logo from a graphic design student in 1971 for a one-time price of $35. Trademarks may also be licensed to other companies for an agreed period of time or under certain conditions, which may result in cross-trademarks.
Take, for example, the relationship LEGO has with certain film franchises. The privately held company licenses to many well-known sub-brands, such as Star Wars and DC Comics, to make LEGO versions of popular products. The goal is to make sure that your product name can`t be compared or easily confused with someone else`s brand. This, in turn, can help you avoid potential legal issues down the road and ensure your brand is protectable and unique. A trademark is a sign, trademark or indicator used by a person, business or organization to identify a product or service as its own and to distinguish the product or service from those of its competitors. A company name can generally be protected as a trademark under federal and state trademark law. U.S. Copyright Office. “Frequently Asked Questions.” The key to a federal trademark is to start with a unique, protectable name (i.e., a name that is a trademark). This name should be able to distinguish your product from other products on the market.
It should also be easy for customers to remember and pronounce. Registering a federal trademark has a number of advantages. Most importantly, you get legal ownership of the trademark and exclusive rights to use it anywhere in the country, with respect to the goods or services you listed when you registered. Common law rights are limited to the immediate geographic area in which you operate, and registering the name in your state only protects your rights within the borders of that state. If you have a unique product name, you should register a product brand as soon as possible. Registering your trademark is the easiest way to avoid costly disputes over ownership of your product name. All three offer a legal shield against copycats trying to make money from your idea. However, each designation applies to a specific type of intellectual property, so it is important to know the differences.
They identify brand names, such as product names. Copyright protects the original artistic or creative work. Trademark rights protect elements that distinguish or identify a particular company or its products or services from competition. Caution: These searches are not as simple as typing the name of your product and entering the search. Accurate and similar trademarks used by other companies are relevant to the federal registration of your trademark. Likewise, spelling mistakes, similar-sounding words and spellings as well as foreign translations. 3. Immediately notify violators of any infringing activity: If infringing activity is detected, trademark owners must report the infringement to the infringer and to the platform/point of sale where the infringement occurred.
Many of these companies don`t want to be held liable for indirect infringement, so they have mechanisms in place to remove infringing content as soon as they become aware of it. The decision as to what you want to protect and to what extent is yours. You may have a trademark, but choose not to protect that trademark by registering it as a trademark. However, if you choose not to register your trademark as a trademark, anyone could abuse your trademark or create a trademark so similar to yours that people can`t tell the difference between them. Even if consumers want to buy your products or services because they trust your brand reputation, that customer may accidentally buy someone else`s because they can`t tell the difference between brands. 5. Deterrence. If you mark the name of your product, you can use the ® symbol with it. This can deter potential copycats from using your product name and can help you enforce your rights if someone uses your product name without permission. Registration of a company name is usually done at the state level and does not provide federal protection.
If you only offer services or products in this state, there is no reason to register for a trademark. However, if you offer goods and services in multiple states and want to protect your business name through the federal government, you will need to register a trademark. Another thing to keep in mind: If you are a sole proprietor, you will need to register a DBA (doing business as) name before registering a trademark. Since sole proprietors must legally use their personal name as their business name, this gives them the option to choose a different name to do business publicly. You can then use this alternative name to register a trademark. The most common product brands are words (names), phrases, logos and designs. Examples include abbreviations and unique names like these: trademarks not only help distinguish products in the legal and trading system, but equally important to consumers. They are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service.
These can be company logos, slogans, ribbons, or a product`s brand name. Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks. To make sure your name belongs only to you, it`s important to be proactive. If you have created a company or LLC, you have some protection against other companies in your state with the same name. But for trademark protection, you may want to register your name as a federal trademark. Marking your company logo is an essential step in protecting your rights. It is also a complex process that requires the legal assistance of experts. Documents you create for your employer as part of your job requirements, such as: Contributions to a podcast published by the company are generally considered “commissioned work.” The employer, not you, retains the copyright. If there is a gray area, you can try negotiating copyright with the publisher before creating the piece. Make sure you receive it in writing. Trademark law is designed to avoid confusion among consumers about the trademarks that companies or other organizations use in connection with their products and services.
In short, trademark law prohibits a company from using a trademark (e.g., slogan, logo, name) in connection with a product or service if that use is similar to another company`s use of a trademark. To see how it works, imagine a consumer – Sally. When Sally buys a Dell computer, she can be sure that the computer was made by Dell Computer and no one else. It can take Dell`s reputation into account without having to worry about a copycat company making shabby computers with the Dell logo, as trademark law prohibits this type of confusing business activity and gives Dell the right to sue for damages and injunctive if someone does. A trade name is used instead of the official company name. This is often indicated on documents with the phrase “doing business as” (DBA). It is used when the company name is considered too long or when the desired name was too close to a name that already had a trademark or service mark. (Note that a trade name does not indicate the legally responsible body behind the service or product.) Tip: Applying for a trademark or patent is only one part of establishing a trademark. Check out our guide to defining and building a strong brand for other aspects to consider.
First, you want to make sure your brand isn`t already being used by someone else. Second, researching existing brands can give you a better understanding of what already exists and help you develop a more unique and original brand for your business. If you do not search for similar marks before filing your application, you may have your application rejected or your trademark declared invalid. When you apply for federal registration for your product name, you are filing a federal lawsuit – and this can quickly become complex.