A suggestive mark is a kind of trademark that does not explicitly specify the nature of the good or service being supplied, but rather indicates or hints at it. For instance, the logo “Coppertone” alludes to a tanning or sun protection product without actually describing it.
Suggestional markings can be protected as trademarks, but their protection is less robust than that of fanciful or arbitrary marks. While random markings employ a common word in a way that is unconnected to the product or service being sold (such as “Apple” for computers), fancy marks are made-up words that have no link to the good or service being marketed (such as “Kodak”). Because they are distinctive by nature, these marks are given more protection.
Another frequently asked topic is whether well-known brand names like “iPhone” are protected by trademark registration. Yes, “iPhone” is a trademark that Apple Inc. has registered. In actuality, Apple has a large number of trademark registrations for its diverse goods and services.
So who may submit a trademark application? Regardless of whether they are an individual or a commercial entity, anyone can submit an application for a trademark. However, the procedure can be confusing, so it’s frequently advisable to get the help of a trademark lawyer to make sure the application is submitted properly and the mark is protected.
The time it takes to register a trademark can differ, but it usually takes between six months and two years. The procedure include submitting an application to the USPTO, which will review the mark to determine whether it complies with the standards for registration.
How can you determine if a name has a trademark? The Trademark Electronic Search System (TESS), a database of registered trademarks, is kept up to date by the USPTO. To find out if a specific mark has already been registered, use TESS. Before using a new mark, it is usually a good idea to do a thorough trademark search since, although a mark may not be registered, it may still be protected under common law trademark rules.
In conclusion, suggestive markings may be protected by trademarks, although such protection might not be as robust as that for imaginative or arbitrary marks. While anybody can submit an application for a trademark, it is advisable to enlist the help of a trademark lawyer. You can check if a name is trademarked by conducting a search in the USPTO’s online database. The procedure can take anywhere between six months and two years.
There is no restriction on the number of trademarks you may own. As long as they meet the eligibility requirements and are not identical to or confusingly similar to already registered trademarks, you are free to register as many trademarks as you wish. It’s crucial to keep in mind that trademark registration can be a time-consuming and expensive procedure, thus it’s advised to prioritize and register your company’s most crucial trademarks.
Yes, two or more people or entities may jointly hold a trademark. Establishing precise rules and agreements about the use and management of the trademark, including the division of revenues and duties, is crucial in such circumstances. Along with filing a joint application for the trademark registration, the co-owners should clearly define their co-ownership relationship.