What is a trademark in business?
A trademark is a symbol, design, or phrase identifying a product or service and distinguishing it from other products and services. A trademark can be any word, name, slogan, symbol, device, or any combination of these things used to identify a particular seller’s goods and services. A trademark can also be a distinctive design or a variety of colors that identify one seller’s goods and services from those of others.
A brand trademark is an essential form of intellectual property law because it helps consumers identify the source of goods or services in the marketplace. It also helps prevent confusion when two different companies use similar trademarks for their products/services.
Importance of brand trademarks
Brand Trademarks are an essential part of any business. They provide the company with a brand identity and help to prevent customers from being confused about the company’s products. A trademark symbol is used in commerce to identify the goods and services of one party from those of others.
There are three types of trademarks: registered trademark (R), unregistered trademark (TM), and common law trademark (CL). A registered trademark can be obtained by applying with the USPTO (US Patent and Trademark Office). A common law trademark symbol can be obtained in commerce without registering it with a government agency for five years. An unregistered trademark can be obtained by using it in commerce for five years without registering it with a government agency.
5 things you must consider to protect your brand trademark
Thorough research – You must do an inclusive trademark search to apply for federal trademark protection efficiently. You can utilize the USPTO’s Trademark Electronic Search System (or TESS) to do this properly. A thorough search for trademarks also includes proper knowledge regarding trademarks with common law protection and trademarks enumerated with the state government.
Prepare proper trademark application – You need to apply for your trademark via the USPTO’s Trademark Electronic Application Service (TEAS). You need to give a picture and a specimen, such as a brochure or a label that will show how you utilize your brand trademark. Once you’ve completed your application for a trademark, you can upload it electronically along with a deposit fee of $225-$325 per class of products or services enrolled.
Promptly reciprocate to office actions – USPTO examining council will review your trademark application and send you an ‘Office Action’ letter. Office action letters are common, and it’s critical to take the matter seriously and answer within the timeframe indicated. Your application for a trademark will be regarded canceled if you fail the deadline.
Monitor trademark – After you get the trademark registration approval, you can start using your brand trademark. However, your trademark protection activities should not end there. The USPTO licenses trademarks, but it is on you how to protect them.
Maintain trademark – Trademark registrations are valid for ten years and can be renewed for another ten years. However, during the fifth- and sixth years following registration, you need to file maintenance documentation between the ninth- and tenth years following registration and every ten years after that.
These are the aspects that you have to know about trademarks while doing a business. There are other things that you can also decide to explore as per your needs and demands.
