What is a Trademark? Protecting and Registering Trademarks.


What are Trademarks? Protecting and Registering a Trademark.

What is a Trademark? Protecting and Registering Trademarks.

Trademarks (trade mark, trade-mark) are a unique symbol or word(s) used to represent a business or its products.

Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid.

what-is-a-patent

Companies do need to apply for them and receive ownership confirmation with the U.S. Patent and Trademark Office in order to claim protection from copycats, however.

Over time, the ™ become synonymous with a company name, so that you don’t even need to see the name to recognize a particular business.

Unlike patents, which are granted for a period of 20 years, the ™ never ends.

 

apple-logo-design-nike-logo-design-trademarks

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.

McDonalds Logo

The fact that we so easily associate symbols and words with companies and their brands is one of the biggest advantages of their use.

When a customer sees a familiar logo or phrase, they have instant recognition, which can drive preference and, ultimately, sales.

Signs of a ™

To indicate that a ™ has been claimed companies use one of three symbols:

  • ™ – Using the trademark symbol after a logo or phrase alerts competitors that you have claimed this symbol or phrase as your own, but you don’t have to have even formally apply for it.
  • ® – Only trade marks that have been officially granted by the Trademark office can use the ® symbol, which stands for registered trade-mark.
  • ℠ – Companies that sell services, not products, have the option to use the service mark logo, but most use the ™ instead for simplicity.

Protecting a ™

Although a trade-mark is issued for the life of a company or product, businesses do need to guard against phrases becoming generic.

This typically happens over time when people use a company’s product name to mean all products or processes like it.

When you think of Google, a lot of us will say, “we’ll Google something”, rather than, “We’ll search for something.”

Similarly the same happened with Hoover. Instead of saying, “We need to vacuum the house.”, we’ll often say, “We’re going to hoover the house.”

To continue to claim that ™, these brands will try their best to stop people misusing the term.

copyright-trademark-logodesign

Benefits of Registration

Once a ™ has been granted, the owner receives three key benefits:

  • A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
  • A legal presumption of ownership, which can help fend off would-be users
  • The exclusive right to use the claimed trademark

Filing a Trademark Application

The process of filing for ™ registration is fairly simple. It can be done online through the Trademark Electronic Application System and costs between $225 – $325.


Re-published, with kind permission, from: https://shopify.com/encyclopedia/trademark



About this Post

Written by: Graham Smith: The Logo Smith

Date of Publication

First Published on: 2017/05/17 and Updated on: 2020/01/23

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