Intellectual property of a corporation is safeguarded by trademarks. A trademark is a design, word, or phrase that identifies and sets one company’s goods or services apart from those of rival businesses. Trademarks are legally protected and must be registered with the United States Patent and Trademark Office (USPTO). In the case of Nike’s Swoosh, the brand enjoys exclusive usage rights and has registered it as a trademark.
Is a trademark therefore worthwhile? It depends on the business and the goods or services it provides. A firm may want to consider investing in a trademark if it has a distinctive logo or name that is significant to its brand. A trademark can safeguard a business’s reputation and avoid consumer confusion by preventing others from using a name or logo that is similar to it.
Particularly with regard to logos, it is frequently preferable to trademark them rather than copyright them. Original works of authorship, including creative works like logos, are protected by copyrights. Copyrights, however, may not always prevent third parties from utilizing a like or even identical mark. On the other hand, trademarks are made particularly to stop others from using a similar name or emblem.
What transpires to a trademark after its owner passes away? The business or person’s estate will keep ownership of the trademark and maintain its validity. But it’s crucial to have a strategy in place for handling the trademark once the owner passes away. This might entail choosing a successor or giving ownership to someone else.
A trademark may be owned by more than one individual. Yes, a trademark may be owned by several individuals or organizations. If several parties have a stake in the mark, such as if they jointly operate a company, this may happen. To prevent disagreements in the future, it is crucial to have a clear agreement in place defining the ownership and usage of the trademark.
The Nike Swoosh may be a well-known logo, but it’s crucial to keep in mind that Nike, Inc. owns the trademark rights to it. Use of the Swoosh without permission may have legal repercussions. For businesses, trademarks can be worthwhile investments, particularly if they have distinctive logos or names. Particularly with regard to logos, it is frequently preferable to trademark them rather than copyright them. Trademarks can be owned by both persons and organizations, thus it’s crucial to have a management strategy in place.
The most frequent grounds for rejecting a trademark are that it is too similar to another mark already in use, or that it is too generic or descriptive.