Those trademarks that have been formally registered with the United States Patent and Trademark Office (USPTO) are known as registered trademarks. These trademarks are protected by federal law, and only their owners are permitted to use them in American commerce. The ® symbol designates a registered trademark.
Unregistered trademarks, on the other hand, are those that have not been formally filed with the USPTO. However, they continue to offer a certain amount of security to the company that makes use of them. The TM emblem serves as a reminder of unregistered trademarks.
If you don’t trademark your company, you run the risk of someone else appropriating your brand identification. Your company name, logo, or tagline could be appropriated by another company or person, who would then utilize it for their personal gain. Confusion among your clients, a decline in sales, and reputational harm could result from this. Can I Brand My Logo with a Trademark?
You may add a trademark to your logo, yes. In fact, doing so is strongly advised if you want to safeguard your brand’s reputation. By registering your logo as a trademark, you can stop people from using it without your consent and pursue legal action against those who do.
Only the state in which it is registered can use a state trademark. However, a federal trademark offers protection over the entire country. State trademarks do not provide the same level of protection as federal trademarks, which are more extensive.
Three requirements must be met in order to obtain a trademark: 1. The trademark needs to be distinctive and one of a kind. 2. The trademark must be used to goods and services. 3. The trademark cannot violate the intellectual property rights of others.
As a result, trademarks are crucial for businesses because they safeguard their brand identification and stop third parties from stealing their intellectual property. Trademarks can be either registered or unregistered. Unregistered trademarks nevertheless offer some level of protection, even if registered trademarks provide better protection. To safeguard your brand identification, it is strongly advised that you register your company name, logo, and tagline as trademarks. The trademark must also be distinctive and unique, used in commerce, and not violate the intellectual property rights of others in order to be registered.