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Successful products have a distinct identity; a word or symbol that represents a business and the goods/services it provides. This unique symbol is called a trademark. Once registered, the trademark owner can legally prevent other businesses and organizations from using the mark, unless they receive permission from the owner. So long as it has been recorded and the fees have been paid of course!
Patents and trademarks
It is easy to confuse trademarks with patents. While patents protect novel and innovative inventions, (and are granted for 20 years), trademarks protect your logo and brand and come with a right of lifetime use. The United States Patent and Trademark Office (USPTO) has different processes for filing patents and trademarks, so it paramount to ensure you are delivering an acceptable application.
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Building a brand
It takes a lot of hard work to build a brand. That is why thorough research is essential; so that you will know upfront if there is a similar tradename in existence. Without proper due diligence, you could receive a cease-and-desist letter demanding you to immediately stop selling your good or service under that name. Not to mention a large amount of money required to re-brand your product.
Trademark protection-what you need to know
• Copyrights and patents mainly guard the commercial rights of artists, writers, or inventors. Where a trademark is concerned, it is a way to distinguish the source of the goods or services, such as the Nike Swoosh, or Adidas stripes.
• Bad actors can use a symbol similar or identical to yours; thus, confusing your clients. A registered trademark allows you to prevent the bad actors from using such a mark and protect your clients and buyers from further uncertainty.
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Points to note before registering a trademark
• Generic terms cannot be trademarked. Terms such as Xerox, Popsicle, or Google have become victims of genericide and fall under this category.
• Descriptive terms cannot be trademarked. If you are selling computers, you can’t protect the name ‘computer seller.’ Sure, you could call your store that, but you can’t prevent others from doing the same.
• Trademarks cannot be “immoral, deceptive, or scandalous” or falsely suggest a connection with persons, living or dead. Thus, it is imperative to ensure your trademark is not only fit for commerce but it not shedding a negative light.
• Use a unique name for your trademark, so the chances of getting registered are higher.
• Search the USPTO and do your due diligence before filing your trademark application.
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Advantages of registering your trademark
• Once you are registered, you can use your rights to prevent other organizations selling similar goods or services from using your mark.
• You can fight potential through a legal supposition of ownership
• Only you have the right to use the claimed trademark
• Actual versus compensatory damages.
Here’s what you should think about before you file
• Where foreign domicile applicants are concerned, representation by a U.S licensed attorney at the USPTO is required.
• While applicants who are domiciled in the U.S. don’t need to have a U.S. licensed attorney to file, avoiding the costly and time-consuming process of filing, correcting, and filing again can be avoided with a reputable trademark attorney.
• When you hire a person, who is unable to effectively represent you and respond to a trademark examiner the USPTO, it not only delays but could cause your mark to be abandoned or disqualified.
• A specimen is required, and most people use a website. For more on types of specimens check out the USPTO’s URL description.
Bottom line
The thought of someone stealing your brand is daunting. So is not knowing the validity of your mark. But, with a bit of research and due diligence, there is no reason why you can’t unlock the true value of your brand, keep your customers happy, and grow your business.
Disclaimer
This article is not meant to provide legal advice. It should be understood as a provocative, simplified overview to allow the reader to better consult with legal advisors. Every individual, every company, and every situation is different. There is no “one size fits all” solution.
