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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.

Get Ready For Stormiworld The Kardashian-Jenners Filed Trademarks For Their Kids' Names

The Kardashians and Jenners are no strangers to monetizing every aspect of their lives, including makeup routines and first birthdays. We're still not over Stormi's Webster's party, which ...

Published:  Mon, 18 Feb 2019 12:44:00 GMT



Square Enix Trademarks Collection Of Mana In Japan

Square Enix has now trademarked "Collection of Mana" in Japan, after recently filing a series of trademarks for Final Fantasy and Secret of Mana in the United States, Canada and Europe earlier this mo...

Published:  Thu, 21 Feb 2019 19:39:00 GMT



Heritage Global Patents & Trademarks to Conduct Auction of the Intellectual Property of Beaulieu Group, LLC - World Famous Carpet Manufacturer

All rights of Beaulieu Group, LLC and/or the Beaulieu Liquidating Trust to various Patents & Trademarks, including: BLISS BY BEAULIEU HEALTHYTOUCH and BLISS BY BEAULIEU EVERCLEAN. NEXTERRA PURALEX EAR...

Published:  Tue, 19 Feb 2019 05:45:00 GMT



Kardashians File Trademarks for North, Saint, True, Stormi and Chicago

This'll make Grandma Kris happy -- Kim, Khloe and Kylie are expanding the family business ... adding their brood to the mix. The Kardashian-Jenner sisters have filed docs to trademark the names of the...

Published:  Mon, 18 Feb 2019 06:52:00 GMT



Trademarks: Use it or lose it

It is important that a trademark is used, as failing to do so could lead to the cancellation of the mark if it has not been used for five years. This is illustrated by the Primark case, which has resu...

Published:  Thu, 21 Feb 2019 16:39:00 GMT



Eurohoops Trademarks: Unsung Heroes

You will probably never hear their names being dropped in any MVP conversation, but the value of what they bring to the floor can sometimes be immeasurable. Their stats lines may go overlooked, but at ...

Published:  Thu, 21 Feb 2019 06:25:00 GMT



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