Introduction
A trade mark is a word, phrase, or design that identifies and differentiates the origin of products or services. You want to protect your business name as a trademark, whether it be your name, slogan, or logo.
First and foremost, what exactly is a trademark?
Trademark rights might be lost if they are not used! If your company name has been registered as a trademark but has not been used for three years, the Trade Marks Office may revoke the registration. So, if you haven’t yet trademarked your company name, make sure you do so before the deadline!
Trademark Because registration is purely functional, it is not covered by copyright law. A copyright protects works from being copied, but trademarks are not considered intellectual property; rather, they are commercial symbols that provide consumers with a foundation upon which they can differentiate between similar products/services offered by different companies, so it’s important that they remain distinctive over time – much like how Coca-Cola has made its red-white-and-blue logo synonymous with soda pop around the world regardless of whether anyone knows what direct link exists between the two.
There are three categories of trademark protection.
Trademark protection is divided into three categories: federal, state, and common law.
The United States Patent and Trademark Office receives a US trademark application for a federal trademark (USPTO). It functions similarly to a passport, allowing you to use your company name across state boundaries. A state trademark is registered with the state government, generally in the county where you live or conduct business.
A service mark is used to designate services rather than commodities, such as “We Do It All!” or “I’ll Have What She’s Having.” If you provide services rather than items under your trade name, we strongly advise you to include this type of protection as well.
Trademarks differ from company names in that trademarks protect words or symbols associated with certain firms or goods, such as “Apple” for computers or “Amazon” for online shopping, whereas business names are protected by trade names (Zanadu Cleaning Service). Trade dress especially refers to product designs that assist consumers in determining who owns them (such as Coca Cola bottles).
Filing a trademark intent to use
The first step in securing your company’s name is to file a trademark application. An intent to use application is a sort of trademark registration that permits you to register your mark before utilising it commercially. This implies that even if someone else has previously registered a similar or identical mark, you may still acquire the same protection for your own goods or service by being the first to file an intent to use application.
You don’t have to prove that your business is making money yet; this will come later when you file a use in commerce application after establishing yourself as a successful business. You can get a head start on establishing yourself as the market leader (and avoiding legal battles) by registering trademarks early so nobody else takes them first!
Before you file your application, search the federal trademark database.
Before submitting your application for federal trademark registration , you should check the federal trademark database to ensure that no one else has registered your or a similar mark. This is especially critical if you’ve picked a descriptive or generic name for your company. The federal trademark database may be searched at http://tmsearch.uspto.gov/.
The USPTO will automatically undertake a preliminary examination of your proposed mark before forwarding it to an examiner who will conduct a thorough assessment of the application and issue an office action (a written response setting out any objections to registration).
Choosing the best trademark classes for your company
What exactly is a trademark class, and why is it significant?
A trademark class is a broad category of products and services. In the United States, there are 45 separate categories ranging from “kinds” (such as apparel) to “services” (like accounting). Choosing the appropriate trademark class for your company will help you prevail in court, whether in an infringement or cancellation case. Trademark classes, on the other hand, are not limited by industry; they are simply sorts of items or services that fit into specific categories.
Trademark specimens and proof that you are utilising your trade mark in commerce on products or services.
You should also include an example of how your mark is used. This can be a photograph, a screenshot, or a PDF file (or any other image format). A specimen must be filed with the USPTO to demonstrate how you utilise your mark in commerce on products or services. For instance, if you have a registered trademark for “FOODIE” and wish to register food packaging as part of your application, you must attach a photo of the packaging.
What is the distinction between federal and state trademarks?
You may have heard the term “trademark” in reference to a company or a product. Trademarks are classified into two types: federal and state.
The United States Patent and Trademark Office registers federal trademarks (USPTO). A state trademark office registers state trademarks (or, sometimes, an organisation that acts as a state trademark office).
If you wish to petition for protection in more than one state, you must ensure that each application is done appropriately. If you don’t, errors can cost you a lot of money since they cost more to rectify after they happen than if they never happened at all. Furthermore, there may be regions where your business name already exists or has been stolen by someone else who is already using it as theirs; this might cause difficulties in the future if you use that name nonetheless without first checking to see whether anybody else has already done so somewhere!
Filing deadline extensions
If you need extra time to file your application, you can request an extension. If the deadline is within six months, you can request an extension of up to six months. The request must be submitted before the deadline and must specify that the reason for the extension is that it will take longer than six months to complete all essential procedures for your application to be filed correctly.
The extension request form asks how long you want your extension to last.
Why do you believe it will take so long (for example, waiting for more information from an attorney)?
What actions have you done so far to file?
A trade mark indicates that you are utilising your mark in commerce and have a distinct brand.
A trade mark is a term, phrase, emblem, or slogan that indicates the origin of products or services. For example, you may utilise your company name in your advertising to assist consumers understand what kind of goods or services you provide. A trade mark may also be a form, colour, or scent connected with your business provided it is distinct and easily identified by customers as emanating from that specific source.
Conclusion
A trademark is a legal protection that allows you to protect your brand and prevent others from copying it. By submitting a trademark application with the USPTO, you grant yourself the only right to use that mark in connection with your products or services. Trademark law has evolved dramatically over the years, and it is critical that you understand how to effectively protect yourself and your organisation.
