What is Trademark Registration?
TRADEMARK REGISTRATION
A Trademark is a type of intellectual property that includes any unique design, phrase, word, or symbol that identifies and distinguishes the source of the goods or services. A trademark can be registered with the USPTO to protect your brand on a national level.
Some common trademarks are Coca-Cola’s logo, McDonald’s golden arches, and Nike’s swoosh logo. These companies have protected their trademarks for decades and are constantly fighting counterfeiters who try to profit off their brands without permission. Even if you do not plan to become a major corporation, protecting your own personal trademarks like logos and slogans will prevent someone else from profiting off of them. It's important to note that while you cannot copyright anything you've created yourself (only the specific expression), you may be able to trademark certain phrases or images if they are distinctive enough. For example, Thrift Shop by Macklemore & Ryan Lewis was both copyrighted and trademarked.
Many celebrities have also trademarked their names, such as Beyoncé Knowles Carter's BEYONCÉ mark, Sean Combs' PUSHA T mark, and Taylor Swift's SWIFTIES mark. If you're thinking about registering a trademark, it's best to start early and register in all countries where you want protection.
Types of Trademarks
A Trademark can be a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services. A service mark is a type of trademark that identifies and distinguishes the source of a service rather than a product. A certification mark is another type of trademark that identifies and distinguishes certain goods or services as meeting certain standards set by an outside organization. An intent-to-use application for a trademark is filed to give notice of an applicant's claim to use the mark in commerce but does not yet show actual use of the mark. Trademark registration may become incontestable after five years if it has been continuously used without interruption since the date of registration.
How to create a good Trademark
A good trademark should be easy to remember, distinctive, and capable of evoking positive associations. It should also be able to stand the test of time, so avoid fads or trends. And finally, make sure your trademark is properly registered with the USPTO. To do this, you must file an application for a federal trademark and submit payment in the form of a filing fee plus government-mandated proof that you are entitled to use that mark. The USPTO will then process your application by reviewing it for compliance with federal law before issuing either an official registration certificate or a denial letter informing you why your application was denied. If approved, you'll get a Certificate of Registration as well as five years' worth of federally protected rights. In other words, if someone else tries to use your trademark without permission from you during those five years, they can expect legal consequences. Keep in mind that trademarks are territorial: You need one for each country where you want protection.
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