Smart Ideas: Resources Revisited

Trademark USA: How Trademark Registration Works

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 your own trademark for your products or brand gives you a unique identity to your customers and potential customers, thus trademark is considered the brand name of a company. For service providers, service marks are used, while physical goods or products use trademarks. Patent are meant to protect inventions and copyrights to protect artistic works or original literary pieces.

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. Your business can gain many benefits and privileges when you register your 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. 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.

When it comes to the trademark registration process, it generally includes preregistration, mark selection, the application form, and evaluation period to verdict. To make your mark eligible, it is important to meet the two basic requirements including use of the mark in commerce or business and not for personal use, and the mark must 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 choosing a mark, it is important 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.

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.

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