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The Basics of Trademark Law

Whether you have a service business or have your own product line, there is probably some part of your business that is unique. That makes it necessary for you to consider obtaining a trademark.

Typically, a trademark is any symbol, expression, word, sign or logo that specifically identifies your specific product or service and is unique to your business or service. A trademark protects the branding or the name of the product. To be trademark eligible the name or expression must be unique rather than generic.

Obtaining a trademark gives you several benefits and protects you and your business in the marketplace.

First, a trademark illustrates to consumers and clients that you own this product or service. Second, since you register a trademark with the federal government, you can enforce your rights regarding your trademarked product or service in federal courts. That means you can defend your rights anywhere in the U.S. no matter what size business you own. Last, having a registered trademark protects your product or business from foreign competition and is a beginning step in establishing your international rights in case your business goes international.

There are two types of trademarks. Trademarks are used by the owners to identify physical commodities which may be natural or manufactured and which are sold and distributed in the marketplace. Service marks are used to identify services and their providers.

Both types of trademarks are obtained through an application process with the United States Patent and Trademark Office (USPTO). The application can be obtained online and filed on the internet using the Trademark Electronic Application System (TEAS). Prior to filing the application, you may want to use TEAS to search existing trademarks online to ensure what you want to trademark has not already been trademarked by another company. Whether you undertake this step or not, staff members of the U.S. Patent and Trademark Office will undertake this search as part of your application process to ensure your trademark will not infringe on the rights of another.

Once you have filed an application for trademark, you may have to wait for up to six months to be granted the trademark. Registered trademarks last forever unlike patents and copyrights which expire. However, you can lose your trademark if you fail to use it, if the term or name loses its meaning or through improper licensing such as simply giving it away.

Once you obtain approval of your trademark from the federal government, you may use the ® symbol in all your print and online business pieces.

Obtaining a registered trademark should be part of your overall business plan so that your business benefits from the protections that it offers.

Wal-Mart Trademarks 'Wam! By Walmart' Amid Grocery Delivery Push

Wal-Mart (WMT) has trademarked the name "Wam! by Walmart," described in its U.S. Patent and Trademark Office filing as "retail and online grocery store services featuring home delivery service." X While no other details were provided in the recently ...

Published:  Thu, 18 Jan 2018 15:18:00 GMT



Pot IP: California's Secretary of State Accepting Applications for Marijuana Trademarks

Credit: Jason Doiy/ ALM [/caption] In a nod to the recent legalization and regulation of a recreational market, California's Secretary of State is accepting applications for marijuana-related trademarks Sam Mahood, a spokesman for Secretary of State Alex ...

Published:  Wed, 17 Jan 2018 06:57:00 GMT



Advances in Polish IP Law, part 2: Trademarks - graphic representation, renewal, partial transfer & enforcement by licensees

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council of Ministers. The new ...

Published:  Fri, 19 Jan 2018 10:36:00 GMT



Samsung files for Micro QLED and 8K QLED trademarks

CES 2018 is over and Samsung's 146"³ MicroLED TV (The Wall) is still on the tips of our tounges. Now a new report says Samsung has filed for trademarks on Micro QLED and 8K QLED. To some, this suggests that Samsung could be ready to market and sell ...

Published:  Thu, 18 Jan 2018 00:00:00 GMT



Candice LeRae Indie Farewell Video, HHH & Stephanie McMahon Talk Fallon Appearance, WWE Trademarks

- Candice LeRae, who reported to the WWE Performance Center last week with War Machine and Ricochet, among others, worked her final indie match this past weekend for Bar Wrestling in Baldwin Park, California. She wrestled her former tag team partner Joey Ryan.

Published:  Fri, 19 Jan 2018 09:22:00 GMT



Report: LaVar Ball files trademarks for "˜Junior Basketball Association'

LaVar Ball said recently that he is planning to launch his own basketball league that will provide players with an alternative to playing collegiately, and his actions thus far indicate he is serious about the new venture. According to documents obtained ...

Published:  Thu, 18 Jan 2018 00:00:00 GMT



SECHSKIES Trademarks Their Group Name

SECHSKIES has officially trademarked their name. See Also: January Boy Group Brand Reputation Rankings Revealed According to Korea Intellectual Property Rights Information Service (KIPRIS), the group was officially registered with their trademark last April.

Published:  Wed, 17 Jan 2018 16:29:00 GMT



Online service open for registration of patents, designs, trademarks

The Industries Ministry on Thursday unveiled the online service for registration of patents, designs and trademarks alongside other services, including intellectual properties. Industries Minister Amir Hossain Amu inaugurated the online service of the ...

Published:  Thu, 18 Jan 2018 07:04:00 GMT



The importance of trademarks when choosing a domain name

If you're building an online branding strategy, you need to think about trademarks. Matheson partner Deirdre Kilroy has the essential checklist for securing your online brand. Choosing a good brand for a website is not easy. It can be a challenge to get ...

Published:  Fri, 12 Jan 2018 03:49:00 GMT



Samsung Files Micro QLED, 8K QLED Trademarks: Report

At last week's CES 2018, Samsung showcased new and advanced televisions while also announcing that there's more to come from its QLED TV lineup this year. Now it appears Samsung is working to keep its word as it was just found out that the South Korean ...

Published:  Wed, 17 Jan 2018 16:21:00 GMT



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