![]() Generic marks actually do not qualify for a trademark, as they are marks that are words and phrases that are commonly used when conducting business in that industry. There are actually different types of trademarks, and depending on the type, it may be easier to get your trademark approved or you may be denied completely. This means you are currently using your trademark while selling or transporting goods and services. Note that while you can apply under an intent-to-use basis, your mark will not be registered until you convert the application to one based on the second filling basis – use in commerce. Maybe you haven’t started your business yet but would like to get the application process started. This means your business has not started using your trademark yet. You are required to specify the basis you choose on your application. In total, there are 4 legal reasons, called a filling basis, to register a trademark. If you want stronger, nationwide rights, and the ability to sue someone federally for infringement, you want to register your trademark at the Federal level with the US Patent and Trade Office.Īdditionally, trademarking your brand allows you to defend your brand against counterfeit products, domain squatters, and give you the freedom to use the Registered symbol with your logo. If you open a bakery in New York, common law does not stop someone from opening a bakery with the same name and logo in California. Which leaves your trademark vulnerable and eligible for use outside your region. Well, the downside to common law ownership and not registering your trademark is that it only protects you within your geographic region. This might make you wonder why people go through the hassle to register a trademark? Why do you need to trademark your business? ![]() Simply by using your trademark (your name, your logo, slogan, etc.), you establish rights called common law ownership. You actually are not required to register a trademark to have some legal protection.Īs soon as you begin selling your product or service, you become a trademark owner and can enforce your trademark in court, if necessary. ![]() Trademark Your Business: Why Register For One? They are intended to minimize confusion that could happen if two or more businesses have the same name, symbol, slogan, logo, or name. Trademarks and issued and managed through the US Patent and Trade Office also called the USPTO. What is a Trademark?Ī trademark is a word, logo, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of the others. Keep reading because in this post, we’re going to uncover everything you need to know about how to trademark your business. Is it even worth trademarking your name and if so, what are the exact steps you need to take to get a trademark? What are trademarks? What are the common trademark misconceptions? Today, we are learning all about trademarks.
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