Under federal and state trademark laws, a company name can typically be protected as a trademark. In order to prevent consumer confusion regarding the trademarks that companies or other organizations use in connection with their goods and services, trademark law was created.
What Cannot be protected under trademark law?
Basics of trademarks
As long as you can show how non-generic words, logos, slogans, colors, smells, and sounds represent your company, you can register them with the USPTO. Inventions and literary works should be protected with patents or copyrights instead of becoming registered trademarks.
How do you protect the name of your company?
Trademark. A trademark can provide nationwide protection for the name of your company, products, and services. The use of your trademarked names is forbidden by trademarks in the same (or a related) industry in the United States.
What can be protected under trademarks?
A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks.
What is a legally protected brand name?
Trademark, patent, or copyright
| Trademark | |
|---|---|
| What’s legally protected? | A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. |
| What’s an example? | Coca-Cola® for soft drinks |
What names Cannot be trademarked?
What Can’t Be Trademarked?
- improper names or likenesses used without the person’s permission.
- Generic words, expressions, or similar.
- Insignia or symbols of the government.
- words or phrases that are vulgar or derogatory.
- a representation of a current or former U.S. president.
- words or symbols that are scandalous, dishonest, or immoral.
- Short motifs or sounds.
What are the 4 types of trademarks?
The 4 Categories of Trademarks
- Generic. A common description that is not covered by trademark protection is referred to as a generic term.
- Descriptive.
- Suggestive.
- random or fantastical
Do I need to trademark my business name?
You are not required by law to register a trademark. Even if a business name isn’t formally registered, using it can grant you “common law” rights.
Should I trademark or copyright my business name?
If someone else wants to use your name and logo for their own purposes, a trademark can prevent that from happening. Additionally, since copyright protects artistic works, you cannot really copyright a name. This is precisely why you require a trademark to safeguard the intellectual property of your business, such as your logo.
Why do companies protect their brands?
By removing the low-quality imitations that are detracting from sales, brand protection online increases sales. When inferior knockoffs are eliminated from the market, genuine goods will be regarded as more dependable and higher-quality. There is no theft of the benefits of creative work.
Is a brand name intellectual property?
safeguard trademarks
The law recognizes a company’s logo as intellectual property, just like names and taglines do.
What qualifies for a trademark?
A mark must be used in commerce and be distinctive in order to qualify for trademark protection, which has two basic requirements. Because trademark law is constitutionally rooted in the congressional power to regulate interstate commerce, the first requirement—that a mark be used in commerce—arises.
Is logo a trademark?
In general, brand identities used to represent businesses, such as logos and designs, are protected as trademarks. They are also protected by copyrights because they are original artistic works with a creative component.
How long is a trademark protected?
Although it can differ, the typical duration of trademark registration is ten years. With the payment of additional fees, it can be renewed indefinitely. Private property rights are protected by court orders for trademarks. Which trademark types can be registered?
What happens if I don’t trademark my business?
If you don’t register your trademark, your legal rights will only apply to the regions in which you conduct business. This indicates that you might be able to prevent a later user of the mark from using it exclusively in your region, even if that user is a larger corporation.
Why is important to protect and register the brand name?
Trademark protection definition. Your most valuable intangible asset is your brand’s trademark, which serves as both your company’s logo and brand identity. Your business can be worth more, become more legitimate and competitive in the market, and have more legal protection with that legal registration.
Can trademark override a copyright?
No, a trademark does not take precedence over a copyright because they protect different kinds of works. For instance, a trademark protects the distinctive identifiers of your business, whereas a copyright protects artistic creations. Only registered works will therefore be given legal advantages and protection.
Can a logo be copyrighted and trademark?
Can something be both a trademark and copyright? Yes! A logo may be both copyright and trademark protected. In actuality, a trademark typically only covers a narrow range of circumstances, whereas copyright generally protects almost all instances of copying that interfere with the intended use and business of the original creator.
What are the common problem regarding on trademarks?
Common Trademark Problems
| Earlier Mark | Goods/Services | Test |
|---|---|---|
| Identical | Not Similar | if it takes unfair advantage of earlier trademark’s reputation |
| Similar | Not Similar | if it takes unfair advantage of earlier trademark’s reputation |
| Unregistered | if it breaches the law of passing off |
How do you violate a trademark?
Dissecting the Components. A plaintiff must prove both that it owns a legitimate trademark that is entitled to protection and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff’s consent in order to succeed on a claim of trademark infringement.
Can you trademark two words together?
No, unless you are actively using both marks in your trade. A trademark includes both marks that are confusingly similar to the used mark and the specific mark that is used in trade and commerce.
Can I use TM on my logo?
The TM Symbol can be used to claim a trademark on any item, but the registered trademark symbol (R) cannot be used unless the trademark has been filed with the US Patent and Trademark Office.
What is the purpose of trademark?
A trademark: Clearly shows where your products or services are coming from. gives your brand legal protection. aids in your protection against fraud and counterfeiting.
What are examples of trademark?
What Kinds of Trademark Are There?
- Brands like Apple, McDonald’s, and Dolce & Gabbana are examples of this.
- such brand names as Big Mac and iPod.
- company emblems like the peacock logo for NBC and the golden arches at McDonald’s.
- Slogans like “What’s in your wallet?” from Capital One. and “I’m lovin’ it” by McDonald’s
Can I use a company name that already exists?
DBA names are also known as trade names, fictitious names, and assumed names. A DBA name that is already in use or one that is registered with the USPTO cannot be used. Similar names to already existing names are not permitted.
What if my company name is similar to another?
If you pick a name that sounds too much like that of a rival company, that company might claim that you are violating its trademark rights. You might be required to change the name of your company if that occurs. You might even be required to make financial reparations.
How can I stop someone using my company name?
To stop another person or business from infringing your trademark, you need to.
- Gather evidence that the other party has used your company name.
- Send the opposing party a carefully worded cease-and-desist letter to facilitate communication and a peaceful resolution without the need for legal action.
How do I stop someone from using my business name?
4 ways to protect your company name
- Register the business. It is best to register your company as soon as you can to avoid any disappointment because it is not possible to reserve a company name with the intention of incorporating it later.
- Obtain a domain.
- Think about similar names.
- tracking of business information.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- improper names or likenesses used without the person’s permission.
- Generic words, expressions, or similar.
- Insignia or symbols of the government.
- words or phrases that are vulgar or derogatory.
- a representation of a current or former U.S. president.
- words or symbols that are scandalous, dishonest, or immoral.
- Short motifs or sounds.
Should I trademark or copyright my logo?
How to legally protect the design of your logo. You require a service mark or trademark to protect your logo (trademarks are generally used for products, while service marks are usually applied to services). A logo design should not be protected by copyright or patent.
Can two companies have similar logos?
Yes, the same trademark can be used by BOTH companies to brand themselves, but only ONE company can actually OWN the trademark.
Can you trademark a name?
If your name has any commercial or business value, you can trademark it. By trademarking your name, you create a second brand and prevent others from using it. You must fulfill certain requirements before the U.S. Patent and Trademark Office will allow you to trademark your name (USPTO).
Can you copyright a name?
No, the law on copyright does not protect names. Some names might be covered by trademark protection. Consult Circular 33, “Copyright Protection Not Available for Names, Titles, or Short Phrases” or email the U.S. Patent & Trademark Office at TrademarkAssistanceCenter@uspto.gov.
What is one reason why or why not someone should trademark a business name?
safeguards advertising and branding investments
A brand can be claimed by anyone if it is not trademarked. Therefore, it is crucial to submit a trademark application for the brands before launching any marketing initiatives.
How do you protect the name of a product?
4 Steps to Trademark a Product Name
- 1) Think of a distinctive brand name for your product. “I am not as important as my name.”
- 2) Look up the chosen brand name in the trademark database.
- 3) Submit an application for a trademark to the USPTO.
- 4) Maintain contact with the USPTO throughout the application procedure.
Can you use the same trademark name as someone else?
But you can apply for a similar trademark for various services as long as you can show that you are not simply copying that other brand. You can therefore use or even register that as long as your goods and services are completely distinct from those of the other registered trademarks.
Do you have to trademark a brand name?
The U.S. Patent and Trademark Office is in charge of managing trademarks (USPTO). You are not required by law to register a trademark. Even if a business name isn’t formally registered, using it can grant you “common law” rights.
Can two companies have the same trade secret?
Trade Secrets May Not Always Be Exclusive
The same trade secret may be used by numerous owners as long as they all obtained it legally, such as through independent development. On the other hand, the owner of a patent has the sole authority to use the invention.
How long does a trademark last?
A federal trademark has 10-year renewal terms after its initial 10-year registration period. The registrant is required to submit an affidavit confirming that the mark is still in use between the fifth and sixth years following the registration date.