You can legally prevent brand infringement by trademarking a word or phrase. Not all words or phrases, though, are able to be trademarked. A word or phrase must fulfill specific requirements in order to be eligible for trademark registration.
Generic or descriptive words are not eligible for trademark protection. Generic phrases, like “shoes” or “pizza,” allude to the broad category of goods or services you provide. Descriptive phrases, like “soft” or “fast,” refer to qualities or characteristics of your product or service. These words aren’t unique enough to pinpoint your brand and set it apart from competitors.
Indecent or immoral words cannot be trademarked. Any trademark that the U.S. Patent and Trademark Office (USPTO) finds to be scandalous, immoral, or insulting may not be registered. This includes words with sexual nature, racial slurs, or obscenity.
It is not possible to trademark words that are already in use. You cannot register a word or phrase as your own if it is currently being used by another business in the same field. Similar to this, it will be deemed a trademark infringement and not approved if a word or phrase is too similar to an already-existing trademark.
You cannot obtain a trademark for nothing. The filing fees and legal fees associated with the trademark registration process can be pricey. The price of trademark registration can be decreased in a few different ways, though.
Doing it yourself is one approach to lower the cost of trademark registration. Using the online application method provided by the USPTO, you can submit your own trademark application. It is crucial to keep in mind that trademark law is intricate, and errors could result in your application being rejected or your trademark rights being lost. Before submitting an application for a trademark, it is advised that you consult with a trademark lawyer.
A “intent to use” application is another approach to lower the cost of trademark registration. This gives you the option to reserve a trademark before it is actually applied to goods or services. An intent to use application has a lower filing fee than a regular trademark application.
As previously stated, a name cannot be trademarked for free. The price of trademark registration can be decreased in a few different ways, though. Utilizing a service that provides affordable trademark registration is one strategy to lower the cost of trademark registration. You can use these services to submit a trademark application for less money than you would pay a typical law firm. But it’s crucial to do your homework and pick a dependable service provider.
Self-filing a trademark is another approach to lower the cost of trademark registration. This can be dangerous if you are unfamiliar with trademark law, as was already mentioned. However, this might be a reasonably priced method to safeguard your brand if you are sure in your capacity to handle the trademark application procedure. Three Different Kinds of Trademarks
Trademarks can be classified into one of three categories: word marks, which are made up of words or letters; design marks, which are made up of logos or other graphic components; or combination marks, which combine word and logo elements.
The most prevalent kind of trademark is a word mark. They are often employed to safeguard a brand name for a company or a product. Design marks are used to safeguard graphics linked with a trademark, such as logos or other graphical features. Combination marks are used to safeguard a brand’s verbal and visual components.
To sum up, not all words or phrases can be registered as trademarks. To improve your chances of registering a trademark successfully, use a unique and non-descriptive word or phrase. While free trademarks do not exist, there are ways to lower the cost of trademark registration, such as by submitting an intent to use application or making use of a low-cost trademark registration service. Three main trademark kinds are available to protect certain facets of a brand: word marks, design marks, and combination marks.
You can indeed lose your trademark. It can become genericized or abandoned if you don’t actively use your trademark for a particular amount of time or if you let others use it without taking any action. Additionally, if a competitor’s trademark is determined to be too similar to yours, it may be cancelled or subject to legal action. To avoid any potential loss, it is critical to actively monitor and defend your trademark.