What types of things can be trademarked?
There is a broad spectrum of signs which may be used as trademarks, including:
- Words: Brand names (e.g., Coca-Cola), taglines like “Just Do It”, and invented words like Xerox.
- Logos: Images, symbols, and drawings (for instance, the Nike sign, or the Apple logo).
- Sounds: Jingles, other forms of music, and particular melodies or sounds (for instance, the Intel chime).
- Colors: Specific combinations of colors which brands are linked with, for instance, Tiffany Blue.
- Shapes: Unique forms of products or packing, such as the Coca-Cola bottle.
What are the different types of trademarks?
Trademarks can be classified based on their purpose and coverage. Examples of different trademarks are:
- Trademark: Prevents the use of words, phrases, symbols, and designs employed for the identification of the goods.
- Service mark: Prevents the use of words, phrases, symbols, and designs employed for the identification of the services.
- Collective mark: It is used to show a membership in a specific organization or group.
- Certification mark: A mark used on a product or service to prove that they comply with certain requirements.
How do I register a trademark?
To register a trademark, the process requires submission of an application to a relevant authority. By making an application, a trademark can be registered with the United States Patent and Trademark Office (USPTO). Registering a trademark provides a legal framework for protecting your brand, including the authorized use of the ® symbol.
What are the benefits of registering a trademark?
Registering a trademark impacts the following elements of a business:
- Legal protection: Prepares for the possibility of legal challenges from competitors regarding potential infringement.
- Market exclusivity: Prevent unauthorized commercial use by other competitors.
- Rozpoznawalność marki: This leads to consumers remembering the brand when they think of relevant products or services.
- Financial impact: Influences the brand’s financial standing.
How long does a trademark last?
Trademark registrations remain valid for 10 years from the date of their application and can be further renewed indefinitely in 10-year terms. However, trademarks are only valid as long as they are in use commercially, the applicable logo or phrase is renewed efficiently, and the registration documents are done before expiry.
The trademark owner has the responsibility to use the phrase or logo consistently and renew the registration on time to prevent it from being considered abandoned and becoming available for public use. For these reasons, active trademark usage, infringement checks, and on-time renewals are important for a trademark.
What happens if someone infringes on my trademark?
If someone misuses your registered trademark, there are various legal avenues you can pursue to safeguard your identity. If another entity operates using a very similar symbol to yours in selling and advertising their respective goods or services, you can file a lawsuit against them for trademark infringement.
You might be awarded damages and profits together with an injunction barring them from any further infringing action. The court may also order the destruction of trademark-infringing items, as well as cover some of your legal expenses.
These measures can be different depending on the type of infringement that was committed. Speak with a trademark attorney for tailored strategies.
What are some common trademark mistakes to avoid?
Successful trademark selection requires a thought assessment of potential conflicts; avoid the following aspects:
- Not doing a trademark search: Do comprehensive research to guarantee that your preferred trademark does not exist with another organization.
- Avoid choosing generic terms: Put effort into being original and avoid using generic terms to describe the product or service.
- Descriptive terminology: Avoid using words that simply define the item or service in their descriptive forms.
- Failing to maintain trademark rights: To keep the trademark’s validity, use it in commerce continuously.
Podsumowanie
When it comes to businesses, trademarks can be described as non-physical, yet equally important to the company’s identity. Besides serving its primary function of differentiating your products from other competing brands, it also provides necessary legal protection. Understanding all the categories of trademarks and patents, how to register them, and the heavy importance of selecting a distinguishing and strong mark makes it extremely easy for a business to protect its identity, retain the trust of its consumers, and grow its image in the market.
