A trademark offers you the sole right to use a particular name, logo, or phrase, making it a significant asset to any company or brand. Your brand, however, may be vulnerable to dilution and infringement without adequate protection. It’s crucial to comprehend the fundamentals of trademark registration and enforcement if you want to make sure that your trademark is completely protected. How can I file a brand name registration?
You must first make sure the name is not currently being used by another party before you can register a brand name. You can submit an application to the United States Patent and Trademark Office (USPTO) as soon as you are certain that the name you have chosen is available. Along with a sample of the trademark (such as a logo or design), the application will also include a description of the products or services connected to your brand.
It is significant to remember that the registration procedure can take several months, and that submitting an application entails a price. However, trademark registration has many advantages, such as national protection and the capacity to file lawsuits against infringers. Which trademarks never have legal protection?
Trademarks are not all created equal. In general, trademarks are not protected if they are too general or descriptive. For instance, a brand name like “The Coffee Shop” is probably not protected by trademark law because it is too popular and insufficiently differentiating from other businesses. Similarly, a word like “Fresh and Delicious” wouldn’t qualify for protection because it is too descriptive.
The “swoosh” or Nike logo is a registered trademark, so the answer is yes. In 1971, Nike submitted their initial application for trademark registration; in 1974, the trademark was approved. Since then, Nike has made great efforts to safeguard its intellectual property, making the Nike logo one of the most identifiable in the world.
Copyrights and trademarks are two distinct types of intellectual property protection. Unlike copyrights, which protect unique works of authorship (such books, music, and artwork), trademarks only protect brand names and logos. Generally speaking, a copyright does not supersede a trademark, and vice versa. However, there might be situations in which a trademark and a copyright cross paths, such as when a logo uses protected artwork. To decide the appropriate course of action in these situations, it is crucial to speak with an attorney.
In conclusion, preserving the integrity and worth of your brand requires that you protect your trademark. You can make sure that your brand is completely protected and recognizable in the marketplace by completing a careful search, registering your trademark, and enforcing your rights.