What does it mean to trademark a name

If someone tells you that you need to trademark something , that means you will need to file it officially with the USPTO. While you gain trademark rights automatically when you use a bran nonetheless, such rights are restricted geographically and are also uncertain. A trademark can be a name, wor phrase, symbol design or picture. Some examples include brand names, slogans, and logos.

The term trademark is often used in a general sense to refer to both trademarks and service marks. Unlike patents and copyrights, trademarks do not expire after a set term of years.

Therefore, a trademark can last forever - so long as you continue to use the mark in commerce to indicate the source of goods and services. Trademark rights come from actual “use” (see below). Must all trademarks be registered? No, registration is not mandatory.

You can establish “common law” rights in a mark based solely on use of the mark in commerce, w. See full list on uspto. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. The duration of patent protection depends on the type of patent granted: 1.

Utility patents and plant patents - years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed. Under certain circumstances, patent term extensions or adjustments may be available. For works created by an individual, protection lasts for the life of the author, plus years. For information on copyrights, please contact the U. Copyright Office (a division of the Library of Congress).

Names of people and companies, business logos and symbols, and particular sounds can all be trademarked. Can I trademark my Name? Does your trademark have to match the brand name? For example, the name “JESSICA” is trademarked for a line of skin care products. Since trademarks deal with the way that your products and services are presented to your customer, you may choose to utilize your first name as part of your brand identity.

You can trademark a wor phrase, symbol, or a combination of these. When you trademark a phrase, you protect the words that represent your product or service. It distinguishes your company and its products from everyone else. In the case of someone else using the same name or design as your company’s, you’ll have to prove that you came up with it first, which is not possible if you haven’t registered it.

In the legal sense, a trademark is a form of protection of your corporate symbols from use by unauthorized parties. So the question is, what signs are “distinctive” in practice and how to assess that. Distinctiveness is typically divided into five groups.

The TM symbol usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo, or other indicator is being claimed as a trademark.

Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws. The main purpose of a trademark is to prevent confusion in the marketplace, ensuring that consumers will know who. You see copyright and trademark symbols everywhere, but what exactly do they mean ? Generally speaking, they put a stamp on your ownership.

Each of these symbols provides notice to the world that you are claiming legal rights in the mark or work. Instantly Find and Download Legal Forms Drafted by Attorneys for Your State. The owner may continue to use TM should registration of the mark be refused.

Think about a product you recently purchased. How do you know which brand you bought it from? The mark must be shown (including colors) and described completely. This section is complex and asks for very detailed information.

If a trademark’s license is not maintaine then it may not be protected any further.