There are many reasons you may want to trademark a product or service. For example, you might be the owner of a famous brand name and want to protect your business from copying other companies. Or, you might have just started a new company and want to save your logo against unauthorized use.
What does trademark mean is a guide that explains the basics of trademarks to help beginners understand what it means.
For companies, branding is critical. It’s what distinguishes you from the competition and puts you in front of prospective consumers’ thoughts. As a result, you should use a trademark to protect your brand. However, if you’re new to this kind of stuff, you may not know what sort of protection you need or even what you can protect. Furthermore, the procedure of filing for a trademark may be long and complicated. So, in this tutorial, we’ll cover all you need to know about trademarks and make the process easier for you.
What Is a Trademark?
A trademark is a term, phrase, symbol, or design used to identify your company. It legally belongs to you and distinguishes your goods or services from other businesses. This implies that other companies will not market their products using comparable assets.
The Fundamentals of Trademarks
If you wish to file for a trademark, you must have the necessary expertise. It will make the process more transparent, and you will be less likely to be denied as a result. So, in this article, we’ll go through the basics of trademarks and the trademark application procedure.
What Kinds of Things Can You Trademark?
It’s possible that you have assets that you didn’t know might be trademarked. But, it would be a pity if you didn’t defend them because of your ignorance. So, let’s look at what you can trademark and what you can’t. As previously said, words and design components are the most frequent trademarks. Typically, they are company names, product names, and logos. For example, consider the Nike swoosh or Amazon’s emblem with the arrow under the title–not only are the words “Nike” and “Amazon” trademarked, but so are the graphic components of their logos. However, you may trademark various features that set your business apart from others. For example, products or packaging, slogans, colors, and patterns are all examples. So it’s no surprise that UPS has brown vehicles, and FedEx has white trucks in the transportation industry–both colors are copyrighted to those businesses. On the other hand, there are certain words and symbols that you will not be able to trademark. Any general term or phrase, such as “the finest XYZ business,” falls into this category. A descriptive company name, such as The Gardening Company, or a name that incorporates a geographic place, such as Manchester Gardening, is likewise not trademarkable. You can’t trademark a false or scandalous phrase or symbol, either.
Trademark Regulations
Trademarks are used to safeguard your intellectual property, such as your original, recognized works. To avoid falling victim to copycats and thieves, you must understand precisely what this entails and what legal rights you have. To begin with, another business cannot utilize your intellectual property without your consent. If they do, you have the right to enforce the trademark (i.e., ask them to cease using it) and, if necessary, take legal action against the business. Another thing to remember is that a name, symbol, design feature, or other element does not have to be identical to yours to be deemed an infringement. “Confusingly similar” is all that is required. In other words, if a consumer cannot differentiate between two brands due to the mark, there is an issue. A trademark cannot resemble or sound like another. However, this is only true if two businesses are in the same industry. So, for example, Delta Airlines and Delta Faucets can coexist since customers are unlikely to misle what they’re getting from the business. A checkmark as a logo, on the other hand, would be too close to the Nike swoosh for a sportswear business. You should also be aware that even unregistered trademarks are protected to some extent when you utilize the sign TM. For example, you have so-called common law rights if you’ve been using the brand for a long time and your company has a good reputation. As a result, you will be able to enforce the trademark. However, you would have to show that your brand has been in use for a long time and is well-known by the public, which might be challenging.
Obtaining a Trademark Registration
The United States Patent and Trademark Office allows you to register a trademark online (USPTO). It’s practical, but the application procedure is lengthy. There are many stages, and you must carefully study the application form to ensure that you understand everything. Before you begin filling out the form, you must do extensive research. You’ll need to make sure there aren’t any confusingly identical trademarks. A clearance search is what it’s called. Use the Trademark Electronic Search System (TESS) to search for an existing word and design mark, use the Trademark Electronic Search System (TESS). You won’t be allowed to register a trademark if another business has a comparable mark and provides similar services or goods to you. You may return to the drawing board if you’re starting a new company. Because the application cost is non-refundable, there’s no sense in filing for a trademark that won’t be approved. When filing your application via the Trademark Electronic Application System (TEAS), you’ll have the option of either the TEAS Standard or TEAS Plus application. The significant difference is that the TEAS Standard is more costly ($350 per class of products), but you can fill out parts of the form afterward. So if you don’t have all of the information and proof you’ll need to submit right now, you may choose this alternative. It’s important to note that there’s no assurance that you’ll obtain the trademark if you submit your application. However, your odds are excellent if you’ve done your homework and filled out the form completely. The trademark may take many months to arrive since the USPTO checks before sending the application to an attorney who determines whether or not your application can proceed.
Three Tools to improve your Trademark Registration
If the application procedure seems daunting, you may want to seek outside assistance. These firms will handle your trademark registration and clearance search:
1. LegalZoom
LegalZoom is a company that provides a variety of commercial, financial, and legal services. As a result, it has helped almost two million businesses get started. In addition, LegalZoom has assisted over 320,000 clients with trademark applications. As a result, it’s fair to assume that this firm has a lot of experience. It works with a network of independent lawyers to create impenetrable trademarks and enforce your legal rights. Applying for a trademark with LegalZoom is a straightforward procedure. First, choose the appropriate bundle for your requirements. The Do It Yourself bundle costs $249 plus the filing fee to the federal government. First, LegalZoom does a basic clearance check with this product. Then you follow their step-by-step instructions to finish the application. Finally, LegalZoom proofreads the application, fills in the blanks as needed, and files it with the USPTO. The attorney-led package costs $599 plus the federal filing fee and is much more costly. It does, however, come with a warranty. If your initial application is denied, they will complete a second one at no additional charge. The attorney handles all of the research and paperwork with this package. Answer a few questions regarding your trademark, and you’re done.
2. Rocket Lawyer
Rocket Lawyer specializes in personal, real estate, and commercial paperwork and provides inexpensive legal services. Given their expertise in paperwork, they provide a complete trademark application service. You may obtain a bespoke bundle tailored to your requirements with Rocket Lawyer. The business may, of course, handle the clearance search and application submission with the USPTO. However, there are a few more things that you may want to utilize Rocket Lawyer for. To develop a trademark application plan, you may speak with a trademark attorney. You may also request priority processing to expedite your application. For individuals who need it, there is also a trademark transfer service.
3. MyCorporation
MyCorporation is a company creation service that focuses on assisting small companies. What sets this firm apart is that they make all of your efforts. First, answer a few basic questions regarding your trademark on an online form. You may also talk with a member of the team who will guide you through the questions if you like. The paperwork is then filled up and filed with the USPTO on your behalf by MyCorporation. When your application is approved, they will give you all the necessary legal documents. In addition to the federal filing fee, the trademark application package costs $199. For the clearance search, you’ll need a different package. Experts thoroughly examine registered and pending trademarks in the database as part of this package. As a result, you may be sure that your brand is distinctive and that your application will not be denied. The comprehensive clearing search will set you back $249. So, if you want the clearance search and trademark application is made for you, it’ll cost you $448 plus the federal filing charge.
3 Tips for Protecting a Business’s Trademark
Here are our top recommendations for preparing a solid trademark application and ensuring the long-term security of your brand:
1. Apply for a trademark as soon as possible
Don’t put it off any longer if you wish to file a trademark application. It’s only natural to safeguard your brand as quickly as feasible. Also, keep in mind that the procedure may take some time. The good news is that you may register a trademark with the USPTO that you plan to utilize. In addition, you may file an initial application to reserve your brand even if you haven’t begun business yet.
2. Make a memorable business name that you can trademark
The last thing you want is to have your trademark application turned down. But, on the other hand, this should give you a decent idea of what you can and can’t trademark, which is an excellent place to start. You’ll also need a robust and distinctive company name to reflect your brand. If you can trademark a character like this, it will set you apart from other businesses, and no one will be able to ride on your coattails. In the past, you’d choose a name that reflected your product or service. However, we know that a descriptive term is unlikely to be granted a trademark. As a result, you must think beyond the box. You might make create a name out of nothing by combining words. Netflix, for example, is a combination of the words “internet” and “movies.” Alternatively, you might name your company after your source of inspiration. For example, the rhebok, an antelope species, is the company’s spirit animal, as shown by Reebok.
3. Make use of Your Trademark
The USPTO will not investigate trademark infringements. This is something you must accomplish on your own by keeping an eye on people in your field. Make sure no one else is using assets that are identical to the ones you trademarked. This is because it will lessen your brand’s effect on the market. So, what should you do if you suspect someone else is exploiting your trademarked assets? The first stage is to determine whether or not there is an infringement. Remember that you and the other business are only infringing if your goods or services are comparable. If you think you have been infringed upon, you should seek legal advice as soon as possible. You may have an attorney submit a stop and desist letter on your behalf. If the business does not respond to your letter, consider additional action to bring them to court.
What Should I Do Next?
In the early stages of establishing a company, filing for a trademark is only one item on your to-do list. The next step may be to get your company’s federal tax identification number. If you want to establish a company bank account or recruit workers, you’ll need it. You may also want to create a company website so that prospective consumers can discover you on the internet.
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