IGERENT: Facts and Tips on Trademark Registration
Many businesses settle on getting license to operate and business registration, but it is important to get a trademark for your products and services. A trademark refers to any name, logo, word, phrase, symbol or design that companies and businesses use in assigning an identity or distinguishing feature for the products or goods to set a difference from other sellers or manufacturers. Having your own trademark for your products or brand gives you a unique identity to your customers and potential customers, thus trademark is considered the brand name of a company. Physical goods or products use trademarks whereas service providers use service marks. Trademarks are clearly distinguished from patent, wherein it is used to protect inventions, while copyrights are used to protect original literary pieces and artistic works.
In order to help avoid others using your brand name or the name and looks of your product or goods, you have to register your trademark with the United States Patent and Trademark Office. By registering your business’ trademark with United States Patent and Trademark Office, you can gain privileges and benefits. The privileges and benefits of getting a trademark for your products and services include having exclusive rights to use the trademark in the United States and other countries where your products or services are sold; rights and abilities to bring actions in federal court on any matter that concerns the trademark; legal presumption of the ownership of the business of the trademark; public notice of the business’ claim of ownership of the service mark or trademark; and include your trademark to the listings of the United States Patent and Trademark Office. Registration of your trademark does not make your ownership permanent, you have to maintain it by filing and submitting all post registration maintenance documents on a timely basis.
When it comes to the trademark registration process, it generally includes preregistration, mark selection, the application form, and evaluation period to verdict. There are two basic requirements to ensure that your mark it eligible to get a trademark registration including usage of the mark for business or commerce, and the mark should be unique or distinctive. When it comes to distinctiveness, there are four categories which include distinctiveness including arbitrary or fanciful (inherently distinctive mark), suggestive (treated the same way as arbitrary or fanciful), descriptive (acquired a secondary meaning in the perceptions and minds of the public), and generic (not protectable). When choosing a mark, it is important to consider the format of the mark, the good and services that the mark will be applied to, and the availability of the mark. The different marks available include word marks, shape marks, sound marks, and color marks, wherein color marks are more difficult to register since a substantial proof of acquired distinctiveness, and the logo rendered in color need to be registered.
Allow us to help you with your trademark registration, feel free to check our website or homepage for more details. For a more successful business, protect your brand and your business by registering your trademark today.
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