You might be wondering if you are a business owner or entrepreneur if you can use the TM mark on your logo. The quick answer is yes, but in order to be sure you’re using trademarks properly, it’s crucial to understand their fundamentals.
An emblem, term, or phrase that identifies and differentiates the source of products or services is known as a trademark. It serves as a safeguard against unauthorized use of your company’s name and logo that can mislead customers. Trademarks are recognized by the symbols TM (for unregistered trademarks) or ® (for registered trademarks) and are registered with the United States Patent and Trademark Office (USPTO).
You can submit an application for a trademark registration with the USPTO to protect your brand name. To make sure your trademark is not currently being used by another party and that it satisfies the legal requirements for registration, this process entails a comprehensive search. You have the sole right to use your trademark in connection with your goods or services after it has been registered.
If someone were to trademark your logo in this regard, they would have the sole right to use it in connection with their products or services. As a result, you would have to stop using your logo to avoid violating their rights to your trademark. Before employing any logo or brand name, it’s crucial to undertake a thorough trademark search to avoid any potential legal repercussions.
On the other hand, if you have filed a trademark application for your logo, you have the right to sue anyone who violates your trademark rights. This can entail filing a lawsuit for damages or issuing a cease and desist letter.
It’s also vital to remember that two businesses can share the same name as long as they are in completely unrelated fields and there is no chance of consumer confusion. For instance, because they are in quite separate businesses, Delta Airlines and Delta Faucets are both permitted to use the name “Delta”.
Finally, while you can add the TM symbol to your logo, it’s crucial to comprehend the fundamentals of trademarks and make sure you’re using them properly. The USPTO can grant you additional protection and the sole right to use your logo in connection with your products or services if you register your trademark there. Before employing any logo or brand name, it is essential to conduct a thorough trademark search to steer clear of any potential legal ramifications.
To prevent customer misunderstanding, a trademark must be sufficiently distinct from other trademarks already in use. Various factors, like the degree of resemblance between the goods or services being supplied and the overall strength of the already-existing brand, might affect the precise degree of distinction required. In general, trademarks that are excessively similar to already registered trademarks may be rejected by the trademark office or may be contested in court by the current trademark holder.