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      June 23, 2018

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How Trademarks Protect Your Business

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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.

Ford trademarks Detroit train station names

Ford Motor Co. has filed to trademark a variety of names for the Michigan Central Depot it just purchased in Corktown, reserving the train station name for possible use on everything from coloring books and hockey pucks, to smartphone apps and software ...

Published:  Fri, 22 Jun 2018 14:38:00 GMT



O-H No You Don't: Ohio State fiercely protects its trademarks

Here's something you likely didn't know. There is a Baby Brutus Buckeye, complete with one curly hair and a rattle that resembles, well, his own head. He also comes with a team of trademark specialists and attorneys that will sue you in a heartbeat if ...

Published:  Thu, 14 Jun 2018 14:07:00 GMT



Jesse Lingard "˜trademarks' his JLingz celebration before England's World Cup opener

JESSE LINGARD is ready to show the world his own trademark celebration. The Manchester United midfielder is braced to make an impact on the biggest stage of them all after his impressive season for the Red Devils. And it appears the World Cup in Russia ...

Published:  Tue, 19 Jun 2018 04:54:00 GMT



Lucasfilm Renews Trademarks for Abandoned 'Star Wars Detours' Series

At Star Wars Celebration Orlando in 2012, Lucasfilm announced that the animated series Star Wars Detours was on its way. Nearly six years later, the series has yet to see the light of day, with Disney's purchase of the studio resulting in a change of ...

Published:  Wed, 13 Jun 2018 17:04:00 GMT



Apple was Granted Three Trademarks in Hong Kong on Friday while Filing for the 'ChromaVerb' Trademark

Apple was granted three trademarks in Hong Kong on Friday while filing for the ChromaVerb trademark. ChromaVerb is a high-end reverb plug-in that uses unique modeling to reproduce both natural and otherworldly acoustic spaces. It features 14 different ...

Published:  Sun, 17 Jun 2018 04:55:00 GMT



Look! Uber Trademarks Tech To Detect Drunk Passengers

The good folks over at Uber are back at it. This time around Uber is making some changes, trademarking some new technology that will detect drunk passengers before they enter a car. The phone will pick up on the angle of how the phone is being held, as ...

Published:  Tue, 12 Jun 2018 07:02:00 GMT



Entrepreneur Magazine Says Rival Stealing Trademarks

Law360 (June 14, 2018, 9:31 PM EDT) -- The publisher of Entrepreneur magazine hit a self-proclaimed fitness entrepreneur with a suit in California federal court Wednesday accusing him of illegally using Entrepreneur's trademarks in his business and ...

Published:  Thu, 14 Jun 2018 18:37:00 GMT



Trademarks 2018: Attorneys & Agents Analysis

Our research this year highlights over 150 practitioners across 30 jurisdictions. In Europe, Irish firm FRKelly is the leader in the field by number of nominations, while Canadian firm Gowling WLG dominates in the North American market. Attorneys and ...

Published:  Thu, 21 Jun 2018 06:46:00 GMT



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