What does a trademark protect?

Generic terms can never receive trademark protection. They are words or symbols that communicate what type of product or service is being offered. “Email” and “modem” are generic terms. Similarly, “cereal” is a grass, the edible part of which is used for a breakfast food. Many different manufacturers can manufacture “cereal,” and each of those manufacturers is entitled to use the generic term “cereal” to refer to its product. United States trademark law prevents trademark protection of generic terms because providing a generic term with trademark protection would be like granting a monopoly in the product. How is a generic mark different from a descriptive mark? A descriptive mark can acquire a secondary meaning in the mind of consumers that can be proven. A generic mark cannot acquire a secondary meaning because it refers to the category of product or service. For example, “accounting firm” on its own cannot be registered as a service mark because it is a generic term for a type of service, and it cannot acquire a secondary meaning by association with only one accounting firm. Generic term = a word or phrase that cannot acquire a secondary meaning because it is a general or common term for the product or service offered How Does a Valid Trademark Become Generic? While a generic term cannot become a trademark, a trademark can become generic. Ironically, the more successful the trademark owner, the more likely it is that a trademark will become generic, causing the trademar...

When picturing your favorite brands, odds are excellent that your first thoughts will include signature logo images or slogans, such as the arrow from A to Z that Amazon uses. The reason you instantly think of these identifiers is because companies created a distinct trademark (or just “mark”), and then used it consistently across all their marketing. Formalizing a product or service with a registered mark not only offers necessary legal protection, but it also provides businesses with a surefire visual tool to connect with consumers. Here’s what you need to know about trademarks and how they can help your business. Learn More On IncAuthority.com's Website What is a Trademark? According to the U.S. Patent and Trademark Office, a trademark is “a word, phrase, symbol or design that identifies your goods and services” and distinguishes your brand from competitors. A trademark is used for goods, while a service mark is used for services. A trademark gives you the exclusive right to use your mark and helps prevent competitors from using a mark that’s the same as or very similar to yours. Simply using a name, logo or slogan in your business gives it some level of trademark protection, though these “common law” trademarks are hard to enforce and apply only in your immediate locality. You can get statewide trademark protection by registering your trademark with your state. But the strongest and most far-reaching trademark protection comes from registering your mark with the USPTO....

Businesses invest lots of time, talent and money developing a unique good or service to distinguish them from their competitors. A Trademark basics A trademark includes any word, phrase, design, or a combination of these items that identifies goods or services. A trademark also includes service marks. Trademarks protects goods while service marks protect services. Trademarks identify the source of goods and services, legally protects a brand, and helps guard against counterfeiting and fraud. Trademarks, however, are not ownership of a word or phrase and do not prevent others from using these identifiers. Having a trademark just provides rights on how that word or phrase is used with a specific good or service. Owning and registration You own a trademark when you start using it with your goods or services. A trademark establishes limited rights in the geographic area where you are using goods or services. Registration of a trademark gives more rights and protections from unregistered use. Registration with the U.S. Patent and Trademark Office creates nationwide rights and protections for a trademark. Trademark symbols Trademark symbols provide notice to consumers and competitors about trademark claims. The TM symbol represent goods and SM covers services even if a registration application was not submitted. The symbol ® indicates that the trademark was registered with the USTPO. This registration symbol may be used anywhere around the trademark. Most trademark owners, howev...

What Is a Trademark? The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand. Trademarks are generally considered a form of • A trademark is an easily recognizable symbol, phrase, or word that denotes a specific product. • It legally differentiates a product or service from all others of its kind and recognizes the source company's ownership of the brand. • Trademarks may or may not be registered and are denoted by the ® and ™ symbols respectively. • Although trademarks do not expire, the owner must make regular use of it in order to receive the protections associated with them. Understanding Trademarks Trademarks not only help distinguish products within the legal and business systems—but just as significantly—with consumers. They are used to identify and protect words and design elements that identify thesource, owner, or developer of a product or service. They can be corporate logos, slogans, bands, or the brand name of a product. Similar to a trademark, a A trademark does not need to be registered for the owner to prevent others from using it or a confusingly similar mark. Trademarks in the United States are registered through the United States Patent and Trademark Office (USPTO) and are identified with the ® symbol. But...

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. You can start the trademarking process on the Learn More On ZenBusiness' Website What Is a Trademark? The U.S. Patent and Trademark Office (USPTO) defines a trademark as ”a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others.” How to Trademark Your Business’s Name The trademark application process can be completed in four simple steps, but the entire approval process may take six or more months. Fees associated with the basic application can run as low as $250, but total out-of-pocket costs may be much higher, especially if the trademark is across several classes (more on that later) and if a lawyer is involved. Although the trademark application paperwork is relatively straightforward, it’s important to take your time and do your research. Applying for a trademark doesn’t guarantee you’ll get one–trademark applications go through a thorough review process. Filing fees are nonrefundable if your application is denied. Here’s how to get started. 1. Decide if You Need a Trademark Use of a business name automatically provides some trademark protection, but usually only if a business can provide documentation th...

A trademark can be any word, phrase, symbol, design, or combination of these things that identifies a business' goods or services, according to the U.S. Patent and Trademark Office, the federal agency for granting U.S. patents and registering trademarks. The USPTO uses trademark classes to organize goods and services in applications, assess fees, and compile a database for registered and pending trademarks that can be searched. Each category of goods or services is assigned a number from 1 to 45—also known as an international class. Determining how goods and services are classified is an essential part of “Clients get really hung up on classes," William Scott Goldman of the Goldman Law Group says. “There tends to be a huge disconnect with this issue." Goldman has more than 30 years of trademark experience and almost 20,000 successful USPTO filings. “Type in 'goods and services' [on the USPTO website], and the class is in there," he explains. Filing and receiving a trademark can take between There's a fee for each classification. So the more classifications there are, the higher the fee. Finding the correct classifications for the trademark will give the business owner more legal protection. Goldman offers this insight to save money: Submit an application for a website in Class 35 (CL 35) in order to cover multiple products under one government fee, rather than paying $250-$350 each in fees for several individual classes. For non-legal experts who can't afford an attorney o...

At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO’s In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non-visible signs such as sounds or fragrances, or color shades used as distinguishing features – the possibilities are almost limitless. Reference documents • Trademark Law and Practice – Summary of replies to questionnaire • Representation of Non-Traditional Marks & Areas of Convergence • Trademark Opposition Procedures – Areas of Convergence • Grounds for Refusal of all Types of Marks • Technical and Procedural Aspects Relating to the Registration of Certification and Collective Marks • The Protection of Co...