When do you need a trademark and, or copyright?
If you’re selling a unique product or service, registering a trademark can be an integral aspect of protecting your intellectual property and ensuring that no one else can use your name or logo to do business.
How long does it take to get a patent or trademark?
According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months. This costs $1,000 to $4,000.
How long does it take to register a federal trademark?
The length of the U.S. Federal trademark registration process can vary. Once filed, an application is typically assigned to an Examining Attorney within about 3 months. The Examining Attorney will firstly review the application to make sure that the applied-for mark can be registered at all.
Why should you get a trademark?
- The basic and most important advantage of a trademark is that it makes your products and services stand out in the crowd.
- The meaning of a pharmaceutical trademark is not just confined to a sign or a symbol that denotes the product quality. ...
- A registered pharmaceutical trademark protects your products from duplication. ...
How long can trademark be protected?
A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.
Are trademarks protected by federal law?
Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
What federal law protects trademarks?
The Lanham ActThe Lanham Act provides federal protection for distinctive marks that are used in commerce.
Which of the following is not protected under trademark law?
Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.
What are the 4 types of trademarks?
The 4 Categories of TrademarksGeneric. A generic term is a common description that does not receive trademark protection. ... Descriptive. ... Suggestive. ... Arbitrary or Fanciful.
How do you lose trademark rights?
The Loss of Trademark Rights You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.
How is a trademark protected?
Trademarks are protected by intellectual property rights. How can I protect my trademark? At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees.
What is a federal trademark?
A federal trademark or service mark is commonly a word, symbol, design, or combination of such, which (a) identifies the source of goods or services and (b) distinguishes such from the goods or services of others.
Does a trademark cover all 50 states?
Federal trademarks give you ownership across all 50 states, plus all U.S. territories. Federal trademarks allow you to use the ® symbol. You can file infringement suits in federal courts. Your mark will be listed in the U.S. Patent and Trademark Office (USPTO) database.
What is a federal trademark?
A federal trademark or service mark is commonly a word, symbol, design, or combination of such, which (a) identifies the source of goods or services and (b) distinguishes such from the goods or services of others.
What does Congress have to do with trademarks?
Concerned by the dicta in the Trade-Mark Cases indicating that the commerce clause might not be relevant to trademarks, an amendment to the Constitution was introduced, giving Congress the power to legislate to protect trademarks.
Whats the difference between copyright and trademark?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
How Long Do Trademarks Last?
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.
How often do you need to renew a trademark?
As part of the trademark renewal process, every 10 years thereafter, the owner will need to similarly provide proof of usage and a declaration—unless the trademark is to go abandoned. Understanding trademark maintenance requires understanding what a trademark is. If you own a trademark, then you do not own a logo or a word or a brand.
What is the tenth anniversary of a trademark?
Maintaining Your Trademark. On the tenth anniversary of registration, the owner has to provide actual proof that the trademark is in use. In addition to the declaration, like the trademark section 8 declaration, the owner must provide photographic evidence of a product, using the trademark, available for sale.
How to show a mark is still in use?
To show the mark is still in use, the owner must file a section 8 declaration. That proof takes the form of a sworn statement from the owner that the mark is still in use. The owner must file the declaration after the fifth anniversary of the USPTO's registration of the trademark but before the sixth anniversary.
Why is it important to show the actual use of a trademark?
The requirement to show the actual use of the mark is important, as provided in the statement of use. Trademark protects the use of a mark to identify the source of goods and services. If the trademark is not being used, then it should not be protected.
What is a trademark in 2021?
updated June 14, 2021 · 2 min read. Trademark is a complex form of intellectual property. The owner of a trademark does not own a word or an image but rather the use of it to identify the source of goods or services. Knowing what your trademark protects, and how to use it, is the key factor in maintaining your trademark.
What is the key factor in maintaining your trademark?
Knowing what your trademark protects, and how to use it, is the key factor in maintaining your trademark.
How long do trademarks last?
Federal Trademarks last 10 years, as long as you file a statement (called a section 8 affidavit) that the mark is still in use between the fifth and sixth year. Trademarks can last indefinitely if you continue to file maintenance documents with the United States Patent and Trademark Office (USPTO). You also have to use your trademark as described ...
How long can you use a trademark after the original registration date?
You can file this after using your trademark for five consecutive years after the original registration date. You can do this when you submit the Section 8 Affidavit.
Why Is Trademark Registration Maintenance Important?
Registration maintenance keeps your trademark active. To do this , you have to prove that you're continuing to use your trademark.
How long does a Section 9 affidavit last?
Like the Section 8 Affidavit, this confirms that you're still using the trademark as issued. The Section 9 Affidavit effectively adds 10 more years to your trademark registration. You have to file another Section 9 Affidavit between the ninth and 10th years of every future trademark registration period.
What happens if you don't register a trademark?
If you don't continue to register a trademark, you'll have to abandon it which allows the USPTO to remove inactive trademarks from its records.
What is an arbitrary trademark?
Arbitrary: Arbitrary trademarks are common terms that don't have any direct connection to your goods and services. They are generally the easiest to register. Fanciful: Fanciful trademarks are distinctive, newly coined terms that have no prior meaning. They often have the greatest amount of trademark protection.
Why do you need a trademark?
Registering a trademark doesn't mean you own a word, a brand, or a logo. It just allows you to prevent others from using it for profit.
What is trademark protection law?
Trademark protection law in the U.S. usually refers to the Lanham Act of 1946, which prevents counterfeiting and infringement of your intellectual property. It also governs the entire trademark application process.
What Are the Trademark Registration Rules?
Following the rules will ensure that your time and effort result in acquiring the exclusive rights of ownership of your mark.
How long does it take to get a trademark response?
You can expect the first response within three months. Keep checking the status of your application in the Trademark Status and Document Retrieval (TSDR) system to find out the next steps.
How long does a patent last?
Patent protection lasts 20 years
How much do you have to pay for a trademark?
For instance, if you have two classes and use the TEAS Standard form, you will pay $700.
What Does a Trademark Protect?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
What is the exclusive right to use a trademark nationwide?
The exclusive right to use the trademark nationwide to distribute goods and services. The ability to bring legal action in federal court for infringement. The ability to obtain a trademark in foreign countries. The ability to file with U.S. Customs to prevent mock goods from coming into the country.
Why is it important to have a trademark?
Because a trademark offers infringement protection, it's important to have a mark that's easily identified. Not only does it define your business, but it also provides long-term value and builds brand recognizance. The more specific and iconic your trademark, the better it is.
What is the best way to protect your business?
For the sake of safeguarding your business, you should consider filing a registration with the U.S. Patent and Trademark Office. This protects your business and gives you an edge in legal situations. Filing as soon as possible also gives you a legitimate claim to the trademark before anyone else.
How much does a trademark cost?
As far as running a business, trademarks are cheap ways to help your business. A trademark costs only $275. After five years and 10 years, you have to renew for only a few hundred dollars each time. At the five-year mark, you can also apply to have your trademark defined as uncontestable.
What are the four categories of trademarks?
Trademarks also protect four categories including: Generic trademarks . Descriptive trademarks. Suggestive trademarks. Arbitrary trademarks or fanciful trademarks. Once you've decided on a name or symbol, it's important to see if any other brand is using your planned trademark nationally, regionally, or locally.
How to register a trademark?
You should also take care to protect your trademark by following these steps: 1 Be on the lookout for other companies using your trademark. 2 Don't turn your company name or trademark into a verb. 3 When in doubt, register your trademark. 4 Use TM or SM to show others you have a claim to the name. 5 Distinguish your logo from others through bold styles or fonts.
GENERIC TRADEMARKS
Generic trademarks are common terms used to name products or services, for example, a brand of computers called "computers." Generic trademarks do not qualify for trademark protection because anyone has the right to use generic words to describe the products they are selling.
DESCRIPTIVE TRADEMARKS
A merely descriptive trademark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services” covered by the mark and only serves to describe the product.
SUGGESTIVE TRADEMARKS
A suggestive trademark alludes to, or hints at, the nature or quality of the goods or services without explicitly describing them.
ARBITRARY TRADEMARKS
An arbitrary trademark has a meaning that is recognized in everyday life, but that meaning is unrelated to the product or service with which the trademark is attached. Examples of arbitrary trademarks include “Camel” for cigarettes, “Apple” for computers, “Dominos” for pizza, and “Shell” for gasoline.
FANCIFUL TRADEMARKS
Fanciful trademarks are letters or numbers that have no significance other than to identify the product or service. The only function of these terms is to distinguish the source of the products with which they are associated.
How does trademark law work?
In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this item—the item with this mark—is made by the same producer as other similarly marked items that he or she liked (or disliked) in the past . At the same time, the law helps assure a producer that it (and not an imitating competitor) will reap the financial, reputation-related rewards associated with a desirable product. The law thereby encourages the production of quality products and simultaneously discourages those who hope to sell inferior products by capitalizing on a consumer's inability quickly to evaluate the quality of an item offered for sale. [internal punctuation omitted]
How long does it take to get a trademark registered?
Trademarks may be registered online. The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner.
What is a trademark in the Lanham Act?
The language of the Lanham Act describes that universe [of things that can qualify as a trademark] in the broadest of terms. It says that trademarks "includ [e] any word, name, symbol, or device, or any combination thereof." § 1127. Since human beings might use as a "symbol" or "device" almost anything at all that is capable of carrying meaning, this language, read literally, is not restrictive. The courts and the Patent and Trademark Office have authorized for use as a mark a particular shape (of a Coca-Cola bottle ), a particular sound (of NBC's three chimes ), and even a particular scent (of plumeria blossoms on sewing thread).
What is the purpose of trademarks?
The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.
How is trademark infringement measured?
Trademark infringement is measured by the so-called "likelihood of confusion" test. A new trademark will infringe on an existing one if the new one is so similar to the original that consumers are likely to confuse the two marks, and mistakenly purchase from the wrong company.
How are trademark rights acquired?
Trademark rights are acquired through use of a mark in the normal course of commerce. For example, by using a brand name or logo on a product or its retail packaging.
What is a trademark?
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers ...
How long does a trademark last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed. To do so, the owner must file the maintenance documents required by the United States Patent Trademark ...
What happens if a trademark expires?
If your trademark is canceled or it expires, it can be still under common law protection, provided that you have continued and continue using it for the same purposes of its original intent. Federal registration, while it confers additional benefits and protection to those established by common law, does not create new rights.
What are the legal requirements to renew a trademark registration?
A Declaration of Use. This is also known as Section 8 Affidavit, and it confirms that the owner is still using the trademark as it was originally issued.
How long does a Section 9 affidavit last?
Section 9 Affidavit should be filed in the same manner for every future registration period, and it will grant trademark protection for an unlimited period (as long as you file the paperwork and have been using the trademark as it was issued).
What is the duty of a trademark owner?
It is your duty to police and defend your trademark as long as you are the owner of the registration. That means that you need to challenge any person or company trying to file a trademark that could be overlapping your registration, and constantly check for infringement.
When to file a Section 9 affidavit?
An Application for Renewal. Also known as Section 9 Affidavit, it should be filed between the 9th and 10th year of your trademark registration date. This confirms that you are still using the mark as it was initially issued and confers ten additional years to your initial registration.
Why are trademarks important?
in Trademark. Trademarks are an important part of a business. They are the best way to protect the identity of particular products or services. They also help consumers easily recognize a specific company as the manufacturer or source of a product and encourage customer loyalty. Once a trademark is registered, it is protected from use ...
