- What is a trademark?A trademark is a recognizable name, slogan, or logo that identifies the source of your products and distinguishes them from the products of other companies.
- Trademark, copyright, and patent – what is the difference?A trademark protects brand names, slogans, or logos that function to identify the particular source of goods or services offered. A copyright protects expressive arts such as art, novels, paintings, music, photography, software, films, or other created work. A patent protects an embodiment of a new idea, not the idea itself, like new inventions, processes, or scientific creations, such as gadgets and medicines.
- What is the difference between a trademark and a domain name?A domain name cannot be protected as a trademark merely because it is your address on the Internet. This web address may be the same as your company name, or may not be. Either way, you may be looking for ways to protect your domain name as part of your brand – and trademarking your Internet domain is one way of doing so. The benefit of trademarking your domain name is that you can potentially protect against the unauthorized use of similar web addresses which are being used in connection with goods or services similar to yours, and in a manner that is likely to cause confusion with your business. So, if someone is using a domain name that is similar to yours and the similarity would likely cause confusion, you may be able to sue for infringement or pursue a remedy under the Anti-Cybersquatting Consumer Protection Act (ACCPA). In addition to using the name in commerce, it must be used in a way that distinguishes your goods or services from those of others. The web address without the www. Or .com should be unique. Web domains that use surnames, geographic areas or common “descriptive” terms are generally not trademarkable. For example, Coffee.com or Arizona.com would likely not receive trademark protection.
- What is the purpose of trademark registration?The purpose of trademark registration is to give the owner of a trademark the legal right to use that trademark to identify their goods or services and to prevent others from using a confusingly similar trademark.
- How long does it take to register a trademark?The time it takes to register a trademark can vary depending on the country or region in which you are registering, but it generally takes several months to a year to register a trademark.
- How long does a trademark registration last?The length of time a trademark registration lasts can vary depending on the country or region, but it typically lasts for 10-15 years.
- Can I register a trademark for my business name?Yes, you can register a trademark for your business name. However, it is important to note that a business name does not automatically have trademark protection, and it must be registered as a trademark to have legal protection.
- What happens if someone else uses my trademark?If someone else uses your trademark without your permission, it is considered trademark infringement. You can take legal action to stop the infringement and seek damages for any harm caused by the infringement.
- Can I register a trademark for a logo?Yes, you can register a trademark for a logo. Logos can be a very powerful way to create a strong brand identity and help customers easily recognize your products or services.
- Can I register a trademark for a slogan?Yes, you can register a trademark for a slogan. Slogans can be a great way to create a memorable message that represents your brand and helps customers remember your products or services.
- Do I need a lawyer to register a trademark?While it is not required to have a lawyer to register a trademark, it is highly recommended, as the process can be complex and the assistance of a lawyer can help ensure that the trademark application is properly prepared and submitted.
- How can I search for existing trademarks?You can search for existing trademarks by using the database of the relevant trademark office or by using online trademark search tools. It is important to search for similar trademarks before registering your own, as it can help to avoid any potential issues with infringement.
Business Entity Information
LLCs Vs. Trademarks
- Two Essential Tools for Any Business Looking to Protect its Assets and Identity – Forming a Limited Liability Company (LLC) and Registering a Trademark
Federal Trademark Vs. State Trademark
- Federal Trademark vs. State Trademark – Should I Register My Trademark with the USPTO or My Local State Agency?
Searching and Clearing a Trademark
Filing and Prosecuting a Trademark Application
- Registering a Trademark Step-By-Step Guide
- Trademarks that Cannot be Registered
- Which Trademark Filing Basis Should I Pick?
- Acceptable Specimens for Goods
- Acceptable Specimens for Services
- Acceptable Specimens for Motion, Repeating-Pattern, Scent, Flavor, and Sound Trademarks
- My Trademark Application was Approved for Publication. What Comes Next?
Responding To An Office Action
- How to Respond to a 2(d) “Confusingly Similar” Rejection
- How to Overcome a “Merely Descriptive'” Refusal
- What Is Acquired Distinctiveness and Secondary Meaning?