Many businesses miss the salient points of trademark and just settle on obtaining the license to operate and business registration. A trademark refers to any name, logo, word, phrase, symbol or design that companies and businesses use in assigning an identity or distinguishing feature for the products or goods to set a difference from other sellers or manufacturers. Having a trademark immediately brings recognition to your customers who sees it. For service providers, service marks are used, while physical goods or products use trademarks. Trademarks are different from patent, wherein patent provides protection to inventions, whereas 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. These would include public notice of the business’ claim of ownership of the service mark or trademark; legal presumption of the ownership of the business of the trademark; exclusive rights to use the trademark in the United States and other countries where your products or services are sold; rights and abilities to brings actions in federal court on any matter that concerns the trademark; and include your trademark to the listings of the United States Patent and Trademark Office. Registration of your trademark does not make your ownership permanent, you have to maintain it by filing and submitting all post registration maintenance documents on a timely basis.
The process of trademark registration includes the following: trademark registration process include preregistration, mark selection, the application form, and evaluation period to verdict. To make your mark eligible, there are two basic requirements that your mark needs to meet including its usage in business and not for personal use, and your 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 selecting a mark, it is essential to take into consideration the format of the mark, the good and services that the mark will be applied to, and the availability of the mark. There are design marks, word marks, shape marks, sound marks, and color marks, wherein color marks are more difficult to register since you need to submit substantial proof of acquired distinctiveness, and the logo rendered in color.
Allow us to help you with your trademark registration, feel free to check our website or homepage for more details. For a more successful business, protect your brand and your business by registering your trademark today.