Any firm needs trademark registration to safeguard its distinctive and distinctive brand names, logos, slogans, and other identifying marks. But whether trademarks are indeed the first to file is a common concern. Does the first individual or business to submit a trademark application immediately have the right to use and defend that trademark? Unfortunately, the solution is not quite so straightforward.
While it is true that the first individual or business to submit a trademark application to the United States Patent and Trademark Office (USPTO) has a stronger claim to that trademark, this does not imply ownership in all cases. When evaluating trademark applications, the USPTO looks at things including whether the mark is distinctive and unlikely to be confused with other marks already on the market. The applicant is given a trademark registration if the USPTO accepts the application.
However, another party may be able to contest the trademark registration if they can show that they were using the same or a similar mark in commerce prior to the filing of the trademark application. To make sure that no one else has already secured rights to the same or a similar mark, it is crucial to do a thorough trademark search before filing an application.
Why does a trademark become weak, then? A generic, descriptive, or overly similar mark to ones already used in the same industry constitutes a poor trademark. A generic mark that is often used to designate the product, like “apple” for apples, cannot be registered as a trademark. A descriptive mark that does not distinguish the product from others in the same industry, such “soft and fluffy” for pillows, may be challenging to register. Additionally, a mark may be regarded likely to lead to consumer confusion if it is very similar to other marks already in use in the same field.
Conversely, suggestive trademarks are those that allude to or hint at the features of the good or service without actually describing them. For instance, the name “Netflix” implies, but does not state, that it is a network of movies and television shows. Because they need more original or imaginative thought, suggestive trademarks are typically seen as being stronger than descriptive or generic marks.
Can you register a trademark on your own? There is a simple answer: yes, you can. However, the procedure for registering a trademark can be difficult and drawn out, and mistakes can be expensive. To make sure that your application is completed and submitted properly, it is advised that you speak with a skilled trademark attorney.
Lastly, is it possible to trademark your business name? Generally speaking, the name should be distinct and unlikely to be confused with other marks already in use in the same sector. Once more, it is essential to undertake a comprehensive trademark search to make sure that the name of your business does not violate the rights of anyone else.