How can you establish and protect a trademark?
Consider how to protect your trademark with these 6 strategies.
- Choose a Strong Mark from the Start. …
- Complete a Comprehensive Trademark Search. …
- Register Your Trademark with the USPTO. …
- Police Your Mark. …
- Consider Registering Internationally. …
- Maintain Your Trademark.
How do you prove common law trademark rights?
A party claiming to have common law trademark rights must establish with competent evidence that its mark has achieved “secondary meaning” in the marketplace by offering among other proof, longevity of use, amount of sales, the nature and extent of advertising, consumer surveys and media recognition.
Where do trademark rights come from?
Trademark rights are acquired through use of a mark in the normal course of commerce. For example, by using a brand name or logo on a product or its retail packaging.
What rights does a trademark give you?
A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
How long does common law trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Are trademarks protected by common law?
Common law trademark rights are limited to the geographic area the intellectual property is used in and any areas where it could reasonably expand. If a hair salon trades under the name Curlz in California, the common law trademark rights for this name are only valid in California.
What is the difference between a state trademark and federal trademark?
State trademarks protect a mark only in the registered state(s), meanwhile a federal trademark protects the mark(s) nationwide and potentially can be used to obtain international trademarks through the WIPO World Intellectual Property Organization.
Do I really need to trademark my logo?
Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.
How long does a state trademark last?
A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State’s office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.
What is trademark example?
A trademark is a unique symbol or word(s) used to represent a business or its products. … Think of the apple shape with the bite taken out that Apple uses as its logo, the swoosh logo that Nike features on all of its products, or the golden arches McDonald’s registered decades ago.