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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.

Liverpool F.C. Fights Youth Soccer Club's Use Of Trademarks

Liverpool Football Club (Liverpool F.C.) has two important matches on the horizon. The first match is a Champions League semifinal game against A.S. Roma. The second is a legal contest in Texas against a youth soccer club based in Salt Lake County, Utah.

Published:  Thu, 19 Apr 2018 10:19:00 GMT



Heritage Global Patents & Trademarks to Conduct Sealed Bid Auction of WiseWear Corp "Smart

SAN DIEGO, April 19, 2018 /PRNewswire/ -- Heritage Global Patents & Trademarks has been appointed by the US Bankruptcy Court, Western District of Texas to auction the Intellectual Property of WiseWear Corp. The Intellectual Property consists of WiseWear's ...

Published:  Fri, 20 Apr 2018 07:19:00 GMT



Subaru trademarks "˜Evoltis' name ahead of plug-in hybrid debut

Subaru filed to trademark the name "Evoltis" with the US Patent and Trademark Office recently, shortly after the company promised a new "electrified vehicle" would bow in 2018. The automaker didn't say when in the year we could expect the ...

Published:  Tue, 17 Apr 2018 08:45:00 GMT



Onimusha Trademarks Filed By Capcom in Multiple Regions

Capcom has filed a string of new trademarks across multiple regions for its beloved action-adventure series, Onimusha. Spotted by ResetEra, the applications were filed relatively recently, and seem to apply Capcom has something brewing for its seventh best ...

Published:  Fri, 13 Apr 2018 11:41:00 GMT



The U.S. Patent and Trademark Office Granted Apple 5 Registered Trademarks Today for Animoji, Today at Apple, more

Today the U.S. Patent & Trademark Office published five registered trademarks that were issued to Apple on April 10th. There are two registered trademarks for Animoji, two for Apple TV 4K and one for Today at Apple. Apple announced their new in-store ...

Published:  Tue, 17 Apr 2018 13:41:00 GMT



Trademarks or Service Marks

A trademark or service mark is important to a business that is trying to protect a name, design, slogan or any combination thereof. It is used to identify and distinguish a party's goods or services from any other's providing or rendering the same ...

Published:  Fri, 20 Apr 2018 09:40:00 GMT



Capcom Files Trademarks for Onimusha, Sparking Up Rumors of a Remake

Capcom's action-adventure series Onimusha is one of the more beloved franchises that gaming has, and if recent news turns out to be correct, it might be coming back after 12 years off. According to recent trademark applications (via Resetera) by Capcom ...

Published:  Fri, 13 Apr 2018 11:21:00 GMT



The Aggie Brand: Utah State officials closely police use of Aggie name and trademarks

NORTH LOGAN - Sam Park, owner of Sushi Go, doesn't have to look far to be reminded of his 6-year-old daughter when he is at work. Drawings by her cover a portion of the wall at his restaurant. Those drawings are scribbles of different sorts, but many ...

Published:  Sat, 14 Apr 2018 16:00:00 GMT



Heritage Global Patents & Trademarks to Conduct Sealed-Bid Auction of Novel "INVELOX" Wind Turbine Patent Portfolio of Former SheerWind Corp.

SAN DIEGO, April 17, 2018 /PRNewswire/ -- Heritage Global Patents & Trademarks has been appointed by the US Bankruptcy Court, District of Minnesota to auction the Intellectual Property of the former SheerWind Corp. The Intellectual Property consists of ...

Published:  Tue, 17 Apr 2018 06:12:00 GMT



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