What is the main requirement for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
What makes a trademark valid?
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good.
How do you trademark a name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
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.
Can you sue someone for using your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
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.
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.
Should I get a trademark or LLC first?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
How long does a 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.
How long does a trademark take to get approved?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.