Quick Answer: How Important Is A Trademark?

Are trademarks necessary?

Trademarks are a valuable asset.

Trademarks provide value beyond your core business.

Trademarks can lead the way for expansion from one industry to another, such as from personal care to clothing or eye ware.

If you desire it, your trademark can lead to the acquisition of your business by a larger corporation..

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

trademarkTM means trademark. The TM symbol usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo, or other indicator is being claimed as a trademark. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws.

What are the benefits of having a trademark?

Exclusive Rights to The Mark The main benefit of trademarks is registering your brand is exclusivity. That means you will be the ONLY ONE IN THE WHOLE COUNTRY able to sell products and/or services with that name (or even a similar name or mark).

How long do Trademarks last in the US?

ten-yearHow long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What is the cheapest way to trademark?

To register your mark with the USPTO, you must fill out an application and pay a filing fee. Doing this yourself is the next cheapest way to achieving a trademark and is more advantageous than doing nothing but relying on a common law mark.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

What happens if you don’t have a trademark?

Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.

How can I protect my logo legally?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

What does the R in a circle mean?

trade mark protectionThe R in a circle comes from US law and indicates that a trade mark is registered with the US trade mark office, the USPTO. Use of the ® symbol confirms the mark’s full trade mark protection.

Why should you trademark your business name?

Registering a business name is a legal obligation, if you choose to identify your business with a name that is different to the name of the legal entity that owns the business. Registering a trademark is a choice you make as part of a branding strategy for your products and services.

How long does an unregistered trademark last?

10 yearsTime. The trademark registration lasts for 10 years from the date of registration and may be subsequently renewed multiple times. The owner of the unregistered trademark must prove the length of time for which goodwill or reputation exists or has existed.

Can a trademark be bought or sold?

How to Sell a trademark. The selling of trademark does not mean selling of the company. … 1) Assignment Deed: As any property, may be a car or house is sold by an agreement between the buyer and the seller, the same way trademark is transferred by an Assignment deed between the buyer and the seller.

What are examples of trademark?

Five Classic Examples of Trademark1.) Name – Coco Chanel is a perfect example of a name that is a trademark. … 2.) Symbol – The McDonalds golden arch is a classic example of a symbol trademark. … 3.) Catchphrases – a catchphrase that is identifiable to a person or company that is used to sell merchandise can be trademarked. … 4.) … 5.)

Do you have to put the trademark symbol every time?

No, you don’t need to use the registered trademark symbol with every instance of the mark in question. The general rule is to use it with the most prominent (and generally first) instance of the mark on a given web page, publication, etc.

Should I use TM or R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

How long do you own a trademark?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Is slogan a trademark?

Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand. … Trade Mark Applications are filed for registration of Slogan. Slogans are protected as trade mark under Section 2(m) and 2 (zb) of Trade Marks Act, 1999.