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Everything you wanted to know about Trademarks
- What is a Trademark?
- Why do I have to register my trademark?
- Can any trademark be registered?
- What if want to trademark a logo but I don't have one yet?
- Is it really necessary to conduct a trademark search?
- When can I use ® or TM symbols?
- Can I trademark my domain name?
- Can I trademark my surname?
- Can I trademark my business name?
- What are different classes of goods and services?
- Do I have to use the mark before I apply for a Trademark Registration?
- What is a Trademark Office Action?
- How long does it take for a mark to be registered?
- How long does a trademark registration last?
- What if I missed a deadline to file necessary documents or pay the governmental fees with the U.S. Patent and Trademark Office?
- How do I contest someone else using a trademark similar to mine?
More Trademark Articles
- How to Choose a Strong Trademark
- Benefits of a federal trademark registration
- Can I use generic words in my trademark?
- How many trademarks do you need to file?
- When and why should you file an intent-to-use trademark application?
- What constitutes use of the trademark in commerce?
- When Can I use my Name, Nickname or Initials in the Trademark?
- Is it possible to conduct a free trademark search?
- What should I do if someone is using my trademark in a domain name?
- What should I do if my trademark application was refused for registration?
A trademark includes any word, name, symbol, device, or even a sound, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name and goodwill associated with it. Because a trademark is a symbol of your goodwill, trademarks are extremely valuable intangible assets worth protecting. Contact us now for your FREE consultation with a Trademark Attorney.
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Why do I have to register my trademark?
Your trademark rights exist from the moment you start using the mark in commerce (so-called "common law rights"), but federal registration has very important advantages, such as:
1. The trademark owner receives exclusive nationwide ownership of the mark. The U.S. Patent and Trademark Office will refuse registration to any trademarks it deems confusingly similar to your trademark.
2. Registration decreases the likelihood of another party claiming that your trademark infringes upon their trademark. The trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark.
3. You may enforce your trademark rights in federal courts.
4. Your U.S. Registration can be used as a basis for obtaining registration(s) in foreign countries.
5. Registration may be filed with U.S. Customs Service to stop importation of infringing foreign goods.
6. A registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name.
You may read more about benefits of trademark registration. Contact us now for your FREE consultation with a Trademark Attorney.
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Can any trademark be registered?
No. There are many grounds for refusal of trademark registrations. One of the most common grounds is mere descriptiveness of the trademark. Merely descriptive marks consist of terms, which simply describe the goods or services they are used are used in connection with. An example might be Salty used in connection with saltine crackers or Your Dog Magazine for periodical publications about dogs. Such terms are usually not registrable unless it can be shown that distinctive character has been established in the term through extensive use on the market. Merely descriptive marks can be registered in Supplemental Register, which provides rather limited trademark protection. Please read our article on use of descriptive and generic terms in trademarks. Contact us now for your FREE consultation with a Trademark Attorney.
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What if want to trademark a logo but I don't have one yet?
Don't worry, we can assist you with developing a unique logo for your business. Call our office for more details.
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Is it really necessary to conduct a trademark search?
It is not mandatory but we strongly recommend it. Before you start an advertising campaign related to your product or company, it is a good idea to search trademarks of other companies to confirm that your trademark is available. Do the search first, and you will eliminate the possibility of wasting your time and money investing in a trademark that you can't even use. Please read more about Is it possible to conduct a free trademark search? Contact us now for your FREE consultation with a Trademark Attorney.
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When can I use ® or TM symbols?
People sometimes get confused about the use of "R" in a circle or TM next to their trademark, but it's really simple.
- Use ® only if you have actually registered your trademark with the U.S. Patent and Trademark Office (USPTO).
- Use TM or SM next to your trademark if it is unregistered. Note that there is no legal requirement that you use TM or SM to claim ownership of your trademark, all you must do is simply "use" the mark. However, it's not a bad idea to use TM or SM because the use is so pervasive it helps lend credence to the argument that you claim ownership of the trademark.
Contact us now for your FREE consultation with a Trademark Attorney.
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Can I trademark my domain name?
lf your business is primarily an online enterprise, usually your domain name is your business name (for example, Amazon.com or Yahoo.com). In this case trademarking your domain name can offer an additional level of security to your business in case someone else attempts to register a similar domain with the intent to take advantage of your well-established brand and to deceive or steal your customers. For example, it's very likely that someone trying to register bestbuyelectronics.com or autotradercars.com could be considered as infringing on Bestbuy.com's and Autotrader.com’s trademarks. We can assist you to evaluate if trademarking your domain name is necessary is essential for your business. Contact us now for your FREE consultation with a Trademark Attorney.
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According to trademark laws, marks that are primarily surnames (such as "Smith Grill Bar" or "Jones Cars") are not given protection as trademark until they achieve secondary meaning through extensive use on the market. After that, the mark is protectable as a trademark. In addition, if your surname has some other descriptive meaning, (for example, “Green Dentistry” or “King Computers”) it can also be trademarked. You may read more about use of personal names in trademarks. Contact us now for your FREE consultation with a Trademark Attorney.
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Can I trademark my business name?
Business names by themselves are referred to as "trade names". A trade name is not the same as a trade mark, and many companies use their trade name on items such as letterhead, invoices and other important documents. A trademark on the other hand, is affixed to a product or a service that the business offers.
Obviously the two can overlap, and many businesses use their name both on letterhead and affix their name to products that they sell. For example WHOLE FOODS is both a company name, used on letterhead, but is also branded onto their food products. Contact us now for your FREE consultation with a Trademark Attorney.
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What are different classes of goods and services?
U.S. Patent and Trademark Office divides all goods and services into 45 classes. For example, clothing falls under International Class 25, while insurance services under International Class 35, etc. You can file one Trademark Application for multiple classes. We can assist you with properly identifying and describing your goods/services. Contact us now for your FREE consultation with a Trademark Attorney.
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Do I have to use the mark before I apply for a Trademark Registration?
No, you may file a so-called intent-to-use trademark application, which means that you plan to the trademark in the future. However, before your mark is registered, you will have to prove that you started using the mark by filing a Statement of Use or Amendment to Alleged Use with the U.S. Patent and Trademark Office. Please read more about intento-to-use trademark applications. Contact us now for your FREE consultation with a Trademark Attorney.
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What is a Trademark Office Action?
An office action is a letter from the United States Patent and Trademark Office that sets forth the legal status of your trademark application and objections to registration (for example a request to amend the goods/services description, or a registration refusal based on a likelihood of confusion with another's trademark, descriptiveness or genericness of the mark, etc). An Office Action would require your response within a set period of time or you application will be declared abandoned. Because most trademark applications receive at least one Office Action, do not despair if you receive one. Depending upon the rejection(s) you receive, there are legal and factual arguments that can be made to overcome these rejections. Contact us now for your FREE consultation with a Trademark Attorney.
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How long does it take for a mark to be registered?
It is difficult to predict how long it will take for an application to mature into a registration, because so many factors can affect the process. The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application. Contact us now for your FREE consultation with a Trademark Attorney.
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How long does a trademark registration last?
For a trademark registration to remain valid, an Affidavit of Use must be filed between the fifth and sixth year following registration. You must also renew your trademark every ten years after the registration. Contact us now for your FREE consultation with a Trademark Attorney.
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What if I missed a deadline to file necessary documents or pay the governmental fees with the U.S. Patent and Trademark Office?
Failure to timely file necessary documents usually results in "death" of your trademark. However, in some cases Trademark laws allow you to revive your trademark or submit the documents within a grace period after the deadline.Contact us now for your FREE consultation with a Trademark Attorney.
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How do I contest someone else using a trademark similar to mine?
There are several ways to dispute use of your trademark by a third party. Depending on the factual situation, the Trademark Office may or may not be the proper forum.
To prevent others from using your trademark, it is common to first send a "cease and desist" letter to the infringer. The letter demands that the infringer immediately stop using the mark you believe is infringing on your trademark. Sometimes a professionally drafter letter may achieve the same result as a long and costly litigation procedure.
If the infringer ignores your cease and desist letter and continues to use the mark, then the next step is to file a lawsuit. Trademarks are a federal subject matter, and accordingly trademark infringement cases will often be filed in federal court. Most states also have trademark laws, however, so for local disputes you may be able to file your lawsuit in state court as well.
Contact our office for a free consultation with Trademark Attorney and we will develop the most effective trademark enforcement strategy for your unique situation.
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This information is not legal advice. You should consult with an attorney if you have legal questions that relate to your specific situation.
26823 Saxony Way, Suite 108, Wesley Chapel, Florida 33544, USA |
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