Why is it important to register a trademark?
Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. Registration provides for enhanced protection against counterfeiters, cybersquatters, and importers of infringing product.
Is registering a trademark necessary?
You don’t necessarily have to register your trademark with the U.S. Patent and Trademark Office (USPTO), but you can benefit from it. U.S. trademarks can last forever, as long as the trademark is used in commerce and defended against infringement.
What are advantages of trademarks?
By registering a trade mark the proprietor is awarded the right to exclusive use of the mark in respect of certain goods or services, the right to sue for infringements and granted remedies in respect of the unauthorised use of such marks, and to object to the use or registration of confusingly similar marks.
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.
What happens if a trademark is not registered?
An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. … Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.
What is the cheapest way to trademark?
The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.
What are examples of trademark?
Types of trademarks include:
- Brand names like Apple, McDonald’s, and Dolce & Gabbana.
- Product names like iPod and Big Mac.
- Company logos like the golden arches at McDonald’s and NBC’s peacock logo.
- Slogans like Capital One’s “What’s in your wallet?” and McDonald’s “I’m lovin’ it”
What is the value of a trademark?
An income approach identifies the value based on the financial value or future income the sale of products carrying the mark can generate for the owner. This value may include royalties, if these apply.
Who does a trademark protect?
A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.