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A trademark can be any word, any phrase, logo, design, color or sound that sets apart your product or good from any other. The trademark is in essence a type of intellectual property. The purpose of the trademark is to protect the owner of the mark from unlawful copying of the trademark that will harm the owner.
Why Register a Trademark?
Once you register your trademark no one else can legally use the trademark, if another business is using the mark you can take legal action should they cease to top using the trademark after notification. Also, legal proceeding can be brought when others are using a similar trademark to market similar products. This may still cause a trademark infringement.
If your company is maintaining a trademark, you can potentially license your trademark for use. For instance, Disney has one of the most recognizable trademarks in the world. Licensing out their trademark to others to manufacture product with their trademark makes Disney millions of dollars annually. They don’t produce any product when licensing out their trademark, they just allow other companies to sell products with their logo and/or trademark.
What are some of the symbols for trademarks?
™
The TM symbol is often seen on many brands and products, this signifies a trademark that is unregistered.
®
This symbol signifies that the trademark has been registered with the US Patent and Trademark Office.
Like most registrations with the U.S. government, the trademark must be maintained. The rights to a trademark will cease if not actively used. Typically the trademark is allowed 5 years of inactivity. The result of not actively using the trademark will result in abandonment of the mark whereby any other person or organization. The new organization using the old mark may need to re-register the mark to show ownership.
Is an attorney needed to file a Trademark application?
An attorney is not needed to file the trademark application. However it may be a good idea to consult with an attorney on legal matters pertaining to your company. An attorney can provide a wealth of information for protecting and maintaining your mark.
At Incorporate Fast we can help you file a Trademark application for your company name, logo, word or phrase by filling out a brief questionnaire.
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