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How Trademarks Protect Your Business

The Basics of Trademark Law

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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.

Samsung trademarks hint that upcoming phones may be called Rize

Samsung has reportedly applied to trademark a trio of new phone names that hint at its 2019 plans. The British and Mexican applications, as reported by LetsGoDigital, refer to the Rize10, Rize20 and R...

Published:  Wed, 12 Dec 2018 05:42:00 GMT



AMD trademarks Radeon Vega II logo, ready for 7nm Vega 20

AMD announced the world's first 7nm GPU just last month during its Next Horizon event in San Francisco, where it also unveiled the next-gen EPYC 'Rome' CPU with 64C/128T which will also be made on 7nm ...

Published:  Wed, 12 Dec 2018 18:12:00 GMT



Samsung Files for Cryptocurrency Trademarks in the EU For Smartphones

Electronics giant Samsung has filed applications for three blockchain-related trademark requests for smartphones. Based on the descriptions provided by the company, the three European trademark ...

Published:  Wed, 12 Dec 2018 00:59:00 GMT



AMD Trademarks Radeon Vega II 7nm GPUs, New Graphics Card Launch Looking Imminent

AMD appears to be gearing up for a new family of graphics cards to the market after registering a new trademark for its new 7nm AMD Radeon Vega GPUs. The trademark for Vega II was applied for about tw...

Published:  Wed, 12 Dec 2018 00:57:00 GMT



Despite registering trademarks, Samsung denies building a blockchain phone

Samsung Electronics. Co. Ltd. has denied a report that it's developing a blockchain-enabled phone despite reports that it has filed multiple patents for blockchain apps. The list of goods and ...

Published:  Tue, 11 Dec 2018 20:59:00 GMT



Supreme Court to Decide Whether Debtors Can Terminate a Licensee's Rights to Trademarks under License Agreements

The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's "˜rejection' of a license agreement-which "˜constitutes a breach of such contract ...

Published:  Fri, 07 Dec 2018 13:44:00 GMT



Samsung trademarks "Rize" moniker likely for new smartphone series

The Samsung Galaxy M might not be the only new series of Galaxy phones we will be seeing in the coming year, additional series which are tipped to be a replacement for any of the Galaxy C, Galaxy J an...

Published:  Mon, 10 Dec 2018 22:04:00 GMT



Samsung trademarks Rize 10, 20, 30 names for new smartphones

As per our folks at Sammobile, they have found some paperwork for trademarks of Rize10, Rize20, and Rize30 filed by the Korean giant. Well, no other details have been revealed with the filing document...

Published:  Mon, 10 Dec 2018 05:05:00 GMT



Nintendo Applies For New "˜Super Mario Galaxy' and "˜Metroid Other M' Trademarks

Nintendo is a company that's always capable of surprise. Consider its recent reveals during the Game Awards last week for Marvel: Ultimate Alliance 3 and Persona 5's Joker coming to Super ...

Published:  Sun, 09 Dec 2018 19:58:00 GMT



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