Applying for a trademark can be a difficult process. Avoid these seven common mistakes people make when they get a trademark. Before you decide to trademark the name of your business or settle on a logo, make sure no one else is using them. Starting a Business. The process for trademarking a business name is relatively simple and inexpensive, and well worth its weight in gold in terms of warding off unlawful use by competitors.
Getting trademark protection for your business name, logo or slogans is an important way to protect your work. Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, how long it takes and more. Copyright and trademark overlap, and learning to unwind those overlapping rights is a great way to explain what each one protects.
The trademark application process can be complicated, so you need to know what the United States Patent and Trademark Office is looking for when you apply. Copyrights and trademarks are both important tools in protecting your intellectual property, but knowing what you need can be confusing. Find out how trademarks differ from copyrights and patents, what can be trademarked, and more.
Choosing a trademark class can be the most difficult and confusing part of filling out a trademark application. Here are some tips to help you understand trademark classes and pick the correct one. Resources Intellectual Property Trademarks How to Trademark a Phrase How to Trademark a Phrase If you've come up with a good catchphrase to help identify your company and its goods or services, you might want to trademark it.
Protecting a Trademark Trademarks can be protected in several ways. Federal Trademark Rules The federal rules regarding trademark registration of a phrase are confusing. Numerous rules may result in a trademark application being rejected.
These include: Only a phrase that is used for a commercial purpose may be trademarked. You can't trademark a phrase just because you like it and don't want anyone else to use it.
You must be using the phrase or intending to use the phrase in connection with the sale of goods or services. Your trademarked phrase is only protected against use by others in the same class of business. The trademark must be used to identify your company as the source of the goods or services. Your application may be rejected if it's determined that the phrase only describes the goods or services, rather than the company that is their source.
However, some phrases that have been approved seem to ignore this. The phrase may not be the same as a phrase that has already been registered or has a pending application. The phrase may not be likely to be confused with a phrase that has already been registered or has a pending application and relates to a similar type of goods or services. The phrase must be distinctive and not generic or just descriptive. A federally registered trademark gives you much more latitude to be proactive and aggressive in protecting your mark — be sure to make good use of your rights by registering and defending it.
Contact Our Attorneys. Do you need assistance with a trademark matter? Contact an Attorney Today. Facebook Twitter LinkedIn Email. Josh Gerben, Esq. In , Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices.
The trademark becomes invalid if the phrase becomes a generic description for a product or service. It is claimed but not officially registered. Only if it refers to the source of product or service. The exception is if the slogan is found to have "secondary meaning.
A phrase that the public associates more with a product or service than with its literal meaning has "secondary meaning. It usually means a big investment in marketing or five years continually using the phrase for sales purposes. If a phrase becomes more associated with a business or service than its original meaning, it may be approved for trademark protection. A famous trademark is well-known across all business classes. It is unique because it is legally protected in all classes.
Any unapproved use of a famous trademark is prohibited because it could lower the famous trademark's value. Yes, as long as you use a disclaimer. The disclaimer has to explain that you don't own the un-trademarkable word or phrase, except when used in your mark.
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