Many businesses overlook the importance of having a trademark and just settle on business registration and license to operate. A trademark refers to the name, symbol, logo, word, phrase, or design that businesses used to assign an identity or a distinguishing feature for their products or goods that sets a difference from other sellers or manufacturers. The moment a customer spots the trademark, your business, product or brand is quickly identified. Physical goods or products use trademarks whereas service providers use service marks. Trademarks are clearly distinguished from patent, wherein it is used to protect inventions, while copyrights are used to protect original literary pieces and artistic works.
It is important to register the trademark with the United States Patent and Trademark Office to protect your business and your brand and to prevent others using them. There are privileges and benefits registering your business’ trademark with the United States Patent and Trademark Office. Among these benefits and privileges include the following: exclusive rights to use the trademark in the United States and other countries where your products or services are sold; legal presumption of the ownership of the business of the trademark; rights and abilities to brings actions in federal court on any matter that concerns the trademark; public notice of the business’ claim of ownership of the service mark or trademark; and include your trademark to the listings of the United States Patent and Trademark Office. The trademark registration does not mean you own the trademark permanently, you have to maintain your trademark by filing and submitting all post registration maintenance documents on a timely basis.
The trademark registration process includes preregistration, mark selection, the application form, and evaluation period to verdict. There are two basic requirements to ensure that your mark it eligible to get a trademark registration including usage of the mark for business or commerce, and the mark should be unique or distinctive. When it comes to distinctiveness, there are four categories which include distinctiveness including arbitrary or fanciful (inherently distinctive mark), suggestive (treated the same way as arbitrary or fanciful), descriptive (acquired a secondary meaning in the perceptions and minds of the public), and generic (not protectable). When it comes to choosing a mark, it is crucial to consider the format of the mark, the good and services that the mark will be applied to, and the availability of the mark. The different marks available include word marks, shape marks, sound marks, and color marks, wherein color marks are more difficult to register since a substantial proof of acquired distinctiveness, and the logo rendered in color need to be registered.
If you need help with trademark registration, feel free to check our website or homepage now. For a more successful business, protect your brand and your business by registering your trademark today.