A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.

What does having a trademark mean?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.

What is an example of a trademark?

The golden arches of McDonald's® is an example of a design that is a registered trademark. The Nike® logo with the swoosh is a combination of a word and a design that is a registered trademark. ... Learn more about the two different formats of trademarks and their filing requirements.

What is the purpose of trademark?

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

What does trademark mean in simple words?

A trade mark is a way of identifying a unique product or service. It's a form of brand protection which distinguishes between your products or services and those belonging to your competitors. A trade mark is not just 'a logo'.

What is a Trademark?

How do I trademark my logo?

1. Complete a trademark search.
2. Secure your rights.
3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
5. Submit an "intent-to-use" form. ...
6. Pay the fees.

How much does it cost to trademark a name?

What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.

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.

Who does a trademark protect?

A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.

Do I have to register a trademark?

Trade marks do not have to be registered. ... If you own a registered trade mark you have the right and the responsibility to protect it. You may take an infringement action against another person who uses your trade mark on the same or similar goods or services.

Is Nike a trademark?

The infamous logo became a federally registered trademark in the United States in 1974 and remains one of the most recognizable brand logos of all time. By 1980, Nike dominated the athletic footwear market in the United States.

How do you avoid trademarks?

1. Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. ...
2. Enlist help. ...
3. Consider general liability insurance. ...
4. Register your trademark.

What companies are trademarked?

• Brand names like Apple, McDonald's, and Dolce & Gabbana.
• Product names like iPod and Big Mac.
• Company logos like the golden arches at McDonald's and NBC's peacock logo.
• Slogans like Capital One's "What's in your wallet?" and McDonald's "I'm lovin' it"

Do you have to put TM every time?

The symbol does not have to be used every time the mark is used. Instead, use the symbol in the first instance the mark is used, in the most prominent use of the mark, or both. Repeated use of trademark symbols can become cluttered.

What are the 3 types of trademarks?

• Arbitrary and Fanciful Trademarks. The strongest trademarks are those that are not in any way connected to the products they're used on. ...
• Suggestive Trademarks. ...
• Descriptive Trademarks.

Does a trademark protect an idea?

Only intellectual protection tools such as patents, designs or models, trademarks or copyrights can protect the materialization of an idea. The idea cannot be protected as such, but the means leading to this idea can be protected.

Is it worth trademarking a name?

Registering your company name as a trademark has a number of benefits, including: It will prevent other people from stealing and using your trademark. The protection provided by having a registered trademark is stronger than “common law” protections which will apply when your trademark is unregistered.

What's the difference between a trademark and LLC?

The Difference Between an LLC and a Trademark

In the case of an LLC, your business name is only guarded within state lines after you register. ... The trademark protection laws ensure local protection from the moment you start using it in commerce, as per common law rights.

Can a website name be trademarked?

Your domain name — the word or phrase that identifies your Web site (such as AllBusiness) — may qualify as a legal trademark if you use it in commerce or if you notify the U.S. Patent and Trademark Office (PTO) that you intend to use it in commerce. ... In other words, merely reserving a domain name isn't enough.

Can you lose your trademark?

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. ... Some trademarks become generic as time passes.

How often do you have to pay for trademark?

3. Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period). 4. Filing Declaration of Incontestability (§15 declaration): $200 per class.

Do I need a lawyer to register a trademark?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

Do I need a trademark if I have an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven't gotten around to it yet, you should do so before registering any trademarks.

How can I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.