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TRUMP TOO SMALL: An Easy Guide

June 5, 2023 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

This is our EASY guide to the TRUMP TOO SMALL trademark. If you need to quickly learn the history, issues, and questions raised by this trademark case, read on. This post is for you.

Let’s jump in!

The Background of TRUMP TOO SMALL

During the 2016 presidential campaign, Donald Trump and his then-rival, Sen. Marco Rubio, engaged in a series of heated exchanges on the campaign trail. Trump often taunted Rubio by calling him “Little Marco,” and in response, Rubio critiqued the size of Trump’s hands at a campaign stop.

In 2018, Steve Elster applied to register the trademark “TRUMP TOO SMALL” with the intention of using it on shirts.

The TRUMP TOO SMALL Trademark Application

The trademark application for TRUMP TOO SMALL was filed with the U.S. Patent and Trademark Office on January 10, 2018. The trademark application for TRUMP TOO SMALL was assigned serial number 87749230.

The Status of the TRUMP TOO SMALL Trademark

The USPTO (United States Patent and Trademark Office) refused Mr. Elster’s application to register the mark, citing the Federal Trademark Statute. The refusal was primarily based on the fact that Mr. Elster did not obtain written permission from President Trump. Later on, the USPTO also denied the registration based on the grounds that it would falsely suggest a connection with a living individual.

Mr. Elster appealed the rejection to the USPTO’s Trademark Trial and Appeal Board, which ultimately refused registration. An appeals court reversed, holding that

In a surprising turn of events, a Court of Appeals reversed this decision. The Court held that the Trademark Statute’s restrictions unconstitutionally limited Mr. Elster’s free speech rights, especially since the mark contained criticism of a government official or public figure. It also found that the government has no interest in protecting the publicity rights of such a public figure. Thus, the refusal violated the First Amendment, according to the Court of Appeals.

Currently, the application for TRUMP TOO SMALL is suspending pending appeal.

Trademark Registration and the USPTO

The Supreme Court has held that federal registration of a trademark serves to bolter the “rights of exclusion” by giving owners “additional protections against infringers.”

The USPTO (United States Patent and Trademark Office) is the government agency that administers and registers trademarks.

To enjoy the enhanced “rights of exclusion, a person who uses or plans to use a trademark in commerce must apply to register the mark with the USPTO. Once approved, the USPTO issues a certificate of registration “in the name of the United States of America.”

The USPTO can only register trademarks that satisfy the statutory criteria.

The Statutory Criteria for Trademark Registration

The statutory criteria for trademarks is the Lanham Act (15 U.S.C. § 1052). The Lanham Act is the federal trademark statute of the United States.

What Does the Lanham Act Say?

The Lanham Act instructs the USPTO to refuse the registration of a mark that consists of or includes the name of a particular – UNLESS that living individual provides their written consent.

The Lanham Act reads as follows:

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—

(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501(9) of title 19) enters into force with respect to the United States.

* * * * *

(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow.

* * * * *

What is the Supreme Court?

The Supreme Court is the highest court of the United States and is responsible for interpreting the Constitution and federal laws. It is established by the U.S. Constitution and consists of nine justices who are appointed by the President and confirmed by the Senate.

The Supreme Court has the power of judicial review, which means it can declare laws or executive actions unconstitutional if they violate the Constitution. The Court hears cases on appeal from lower federal courts and state courts, as well as cases in which a state is a party.

The decisions of the Supreme Court have far-reaching impacts on American law and society, and often set precedents that shape future legal disputes. The Court’s rulings are considered final and cannot be appealed except in rare cases.

Why is the Supreme Court Hearing This Case?

The U.S. Supreme Court decided to review this case for several reasons.

1. The Court of Appeals decision in favor of Mr. Elster, in essence, invalidated parts of a 75-year-old federal statute. The Supreme Court regularly reviews lower court decisions that hold federal statutes invalid, especially on First Amendment Grounds.

2. The case presents an opportunity for the Court to resolve the question of whether the Lanham Act, the United States trademark statute, is a restriction on free speech or a condition on a government benefit (the benefits of registration).

3. The Court of Appeals was probably wrong. The refusal to register the TRUMP TOO SMALL trademark does not prevent Mr. Elster from any speech. He remains free to use the mark and speak his mind. He just cannot enjoy the benefits that come with federal registration of his mark.

When Will The Supreme Court Hear This Case?

The Supreme Court will hear this case during the next term 2023-24 and decide it next year.

Michael Kondoudis

For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

DON’T LEAVE HOME WITHOUT IT: Famous Slogan

May 20, 2023 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

American Express has long been a household name for finance and travel. One major contributor to its enduring reputation is the company’s iconic slogan, “Don’t Leave Home Without It.” In this blog post, we explore the origins of the catchy phrase, its impact on American Express’s brand, and how American Express has protected the slogan with trademarks.

If you want to know about American Express’s Don’t Leave Home Without It slogan, then read on. This post is for you.

I. AN ICONIC SLOGAN IS BORN

Who Created DON’T LEAVE HOME WITHOUT IT?

The renowned advertising agency Ogilvy & Mather conceived the slogan in 1975.

They introduced it to the public as part of an ad campaign to promote American Express Travelers Cheques. The catchy phrase has been invaluable in shaping American Express’s image and brand.

Is the DON’T LEAVE HOME WITHOUT IT Slogan Trademarked?

Yes, the Don’t Leave Home Without It slogan is trademarked.

American Express filed a trademark application with the U.S. Patent and Trademark Office (USPTO) in 1978. The USPTO granted the application in 1981. The trademark registration for traveler’s checks

II. A FAMOUS AD CAMPAIGN

Decades of Use

American Express first told consumers they shouldn’t leave home without them in 1975. Initially, American Express used the “Don’t Leave Home Without Them” slogan in an advertising campaign to promote traveler’s cheques. That advertising campaign featured the Academy Award-winning actor Karl Malden and ran for over 20 years. By consistently using Karl Malden and the memorable tagline, viewers came to associate the slogan with the security and convenience American Express offers.

Actor Karl Malden

Pop Culture References

The “Don’t Leave Home Without It” slogan is iconic, and many celebrities have used it to promote the American Express card. Actors Brad Pitt, Jennifer Lopez, and George Clooney have all appeared in advertisements for the card. Additionally, various entertainers and sports figures, such as Taylor Swift, LeBron James, and Michael Jordan, have all appeared in ads for American Express.

Wesley Snipes in Major League (1989)

Numerous TV shows, including Friends, Frasier, and Seinfeld, have featured the slogan in their episodes. The “Don’t Leave Home Without It” has also been featured in movies such as Clueless, The Hangover, and Major League.

Evolution Beyond Traveler’s Cheques

Over the years, the “Don’t Leave Home Without Them” slogan evolved into “Don’t Leave Home Without it” to promote the American Express credit card. This slight shift in wording broadened the slogan’s application, allowing it to cover traveler’s cheques and charge card services.

Although Malden was the brand’s ambassador for over two decades, more recently, other celebrities have been featured in advertisements for American Express, including author Stephen King, singer Roger Daltrey, and comedian Jerry Seinfeld.

III. PROTECTING A FAMOUS SLOGAN

Protecting the DON’T LEAVE HOME WITHOUT IT Slogan

American Express trademarked its “don’t leave home without” slogans to shield them from imitation and unauthorized use.

American Express trademarked “Don’t Leave Home Without Them” for Traveler’s Cheques services in 1981.

American Express trademarked “Don’t Leave Home Without It” for their charge card services in 1981.

Why did American Express Trademark the DON’T LEAVE HOME WITHOUT IT slogan?

Trademark registration is vital for companies looking to protect their brand, and American Express is no exception. By having a registered trademark for the famous slogan, American Express can take legal action against other companies who attempt to use it without permission. This, in turn, safeguards the integrity and recognition of their brand.

Key Takeaways

The enduring impact of the “Don’t Leave Home Without It” slogan on American Express’s brand is undeniable. Through memorable advertising campaigns and strategic trademark registration, the company has maintained its brand’s relevance and protection. As a result, entrepreneurs and travelers alike continue to look to American Express with trust and confidence, ensuring the slogan remains both compelling and valuable for years to come. That is why American Express trademarked the Don’t Leave Home Without It slogan.

Take the Next Step and Legally

Own Your Trademark

Schedule a Free Strategy Call

Take the Next Step Legally Own Your Trademark

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

How To Trademark A Band Name: An EASY Guide

May 16, 2023 by Michael Kondoudis

The name of your band is your brand. Trademarks protect brands, like band names. If you want prevent anyone else from using it or taking it from you, you need to trademark it.

By Michael Kondoudis, Music Trademark Attorney

This is our ULTIMATE guide to how to trademark a band name.

As a musician or a band, one of the most valuable assets you own is your name. It plays a crucial role in setting you apart from other bands and artists. All of your hard work, practice, dedication and investment is tied to your name. That is what makes it so valuable.

But how do you safeguard this valuable asset? How do you protect a band, artist, or stage name?

That’s where trademarks come in. Registering your band name is the best way to protect it.

In this ultimate guide, we discuss protecting band and artist names with trademarks and answer important questions about trademarking. In fact, this is some of the same information that we use to register band and recording artist trademarks for our clients.

If need to learn about trademarking your name, then read on. This guide is for you.

Let’s get started!

CONTENTS

Part I: The Basics of Trademarks for Bands

Part II: Why Should You Trademark a Band Name

Part III: How to Trademark a Band Name

Part IV: When to Trademark A Band Name

Part V: How Much Does It Cost to Trademark a Band Name

Part VI: How Long Does It Take to Trademark a Band Name

Part VII: How to Check If a Band Name is Trademarked

Part VIII: Condensed Summary

Part IX: Do You Need a Trademark Lawyer

Part I: The Basics of Trademarks for Bands

Part II: Should You Trademark a Band Name

Part III: How to Trademark a Band Name

Part IV: When to Trademark a Band Name

Part V: How Much Does It Cost to Trademark a Band Name

Part VI: How Long Does It Take to Trademark a Band Name

Part VII: How to Check If a Band Name is Trademarked

Part VIII: Condensed Summary

Part IX: Do You Need a Trademark Lawyer

I. TRADEMARKS FOR BAND NAMES

What is a Trademark?

A trademark is a distinctive symbol, logo, word, or phrase that identifies products or services from a particular enterprise from those of its competition and distinguishes them from those offered by the competition.

Businesses use trademarks to identify their products and services. Buyers use trademarks to find their preferred brands of products.

What Does a Trademark Protect?

Trademarks protect names, especially the names of bands, when they are used as brands. Trademarks help bands identify their recordings and their performances and distinguish them from those of other bands.

Can You Trademark A Band Name?

Yes, you can trademark a band name. The USPTO accepts trademarks for band names. Trademark registration for band names falls under the broader category of trademark registration for musical acts and performers. In addition to band names, individual musicians or musical groups can also register trademarks for their album titles, song titles, logos, and other branding elements.

U.S. Trademark No. 1,752,129 for THE BEATLES

U.S. Trademark No. 3,853,613 for ROLLING STONES

What is a Band Trademark?

A Band Trademark is a trademark that protects the elements that a band uses to identify themselves and their music. Band Trademarks include names, logos, slogans, and even mascots.

Billie Eislish’s Blohsh Logo

What Parts of a Band’s Brand Can Be Trademarked?

The name, logo, and any phrase/slogan used to promote your band can be trademarked.

What Is The Best Way to Protect a Band Name?

The best way to legally protect the name of a band is to trademark it. Trademarks protect names, including the names of bands. With a trademark, you can legally protect the name used to identify your recordings and performances. Trademarking your band name is official confirmation that you legally own it. Trademarking your band name will give you exclusive rights to use it and prevent others from using the same or similar name in the music and entertainment industries. Trademarking the name of your band is the best way to protect it.

II. SHOULD YOU TRADEMARK YOUR BAND NAME?

Yes, you should register a trademark for your band name. Trademarking is a powerful tool to stop the unauthorized use of your band name by copycats.

When you trademark a band name, you protect your brand identity and prevent others from using the name without your permission. Also, trademarking your band name can help you build recognition and protect your reputation. Plus, when you trademark a band name with the U.S. Patent and Trademark Office (USPTO), no one else can trademark it (or anything similar) for their band. No one can take your band name from you.

Why You Should Trademark Your Band Name

Trademarking your band name is a critical step in protecting yourself as a musician. It prevents any duplication of your name, which can result in costly and reputation-damaging legal battles down the line.

Band names, like all trademarks, represent and identify a product. They help fans find the music and performances that they like and distinguish them from the competition. After all, your band name is how most customers will identify and remember your music and shows. Trademarks help secure the name your fans associate with your music and performances, as well as your reputation. That’s why trademarking a name, including a band’s name, is so important and why you want to ensure that your band name is protected.

Do You Need to Trademark a Band Name?

Yes, you need to trademark the name of your band. Trademarking the name of your band confirms your legal ownership of the name and prevents anyone else in the entertainment industry from trademarking it and taking it from you.

If you do not protect your band name, anyone can use it and possibly even steal it. If that happens, you would be forced to rebrand.

Top Six Reasons to Trademark a Band Name

Here are the top six reasons to trademark a band name:

1. Exclusivity

2. Legal Ownership

3. Ensure Distinctiveness

4. Cost-Savings Over Time

5. Deterrence

6. Value

1. Exclusivity. Trademarking your band name gives you the exclusive right to use it. Typically, only one band can use a name in the music industry, and it is usually the one that trademarks the band name first.

2. Legal Ownership. When you trademark a band name, the U.S. government officially recognizes you as the legal owner of the name.

3. Distinctiveness. A trademark for the name of your band helps distinguish your music and performances from the competition, which means more fan loyalty.

4. Cost-Savings over time. Trademarking your band name comes with important legal rights and presumptions that make enforcing your ownership rights less expensive if someone else tries to use your band name without permission.

5. Deterrence. When you trademark your band name, you can use the ® symbol with it. This can deter would-be copycats from trying to use your band name and can help you enforce your rights if someone uses your band name without permission

Want to Trademark Your Band Name?

Advantages of Having a Trademarked Band Name

Having a trademarked band name comes with many advantages. It can help protect your band’s brand identity, prevent imposters from using your band name, and preserve your band’s reputation. A registered trademark also allows your band to use the coveted ® symbol, which can boost brand recognition and consumer confidence.

You can also use your trademark to license your band’s name on products such as t-shirts, posters, and other merchandise. This can lead to an extra revenue stream for your band and can help fund your music projects.

Top Risks of Not Trademarking A Band Name

Choosing not to trademark a unique band name can have serious consequences. Here are the top four risks you face when you don’t trademark your band name.

1. Risk of a rebrand. If someone else trademarks your band name (or anything similar) first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

2. No exclusivity. Other bands may use your band name and you won’t be able to stop them.

3. Lost sales due to confusion. Your business could suffer from a loss of revenue if customers confuse your product with one sold under a similar same.

4. Higher costs in the long run. You will likely have to spend more on monitoring and defending your band name if it is not trademarked.

These are just some of the risks that you avoid when you trademark a band name.

III. HOW TO TRADEMARK A BAND NAME

You trademark your band name by filing a trademark application with the United States Patent and Trademark Office (USPTO).

To get a trademark for a band name, you can file a trademark application with the United States Patent and Trademark Office (USPTO). The USPTO is responsible for registering trademarks in the United States and enforcing trademark laws.

Seven Steps to Trademark a Band Name

Trademarking a name, especially a band name, involves federal law and legal procedures. Plus, every path to trademark registration is different. Still, every successful trademark for a band name involves the same seven steps.

Choose a Unique and Protectable Band Name
Hire a Trademark Attorney for Your Band Name Trademark
Perform a Trademark Search for Your Band Name
Collect the Required Information and Develop Your Strategy
Prepare and File a Trademark Application with the USPTO
Navigate the Trademark Examination Process
Use the ® Trademark Symbol with Your Trademarked Band Name

We are experts trusted by national news media on major music trademark stories.

We make band trademarks easy!

How Do You Trademark a Band Name?

To trademark a band name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office. Learn about how here.

Briefly, these are the three steps to trademark a band name:

1. Research: Conduct thorough research to ensure that your desired band name isn’t already being used by another band or registered as a trademark. You can start by searching databases, social media, and online streaming platforms.

2. Choose a unique name: Aim for a distinctive band name that stands out and can be easily associated with your music. Avoid generic or descriptive names to ensure successful trademark registration.

3. Submit a trademark application: File an application with the appropriate government office, such as the United States Patent and Trademark Office (USPTO) in the United States. Make sure to follow their guidelines and regulations, and provide all the necessary information and documentation. The application process can take some time, so be patient while waiting for approval.

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated. For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney. Learn why.

Pitfalls to Avoid When Trademarking Your Band Name

One of the most significant pitfalls when registering a trademark is not doing proper research ahead of time. Before filing a trademark application, it’s important to make sure that your band name is unique and not infringing on any existing trademarks. Doing your research ahead of time can save you time and money down the road and can help avoid potential legal battles with other trademark owners.

Another common pitfall is not properly maintaining your trademark. It’s essential to use your trademark regularly and monitor its use to ensure that others aren’t infringing on your trademark rights. Failure to properly maintain your trademark can lead to its revocation and loss of legal protection.

IV. WHEN TO TRADEMARK A BAND NAME

Most authorities agree that in most situations, it is best to file new trademark applications as early as possible.

Why?

Firstly, the trademarking process usually takes more than 12 months. So, the sooner you start, the sooner you can legally own your band name. Plus, starting early will reduce the time your band performs without full trademark protection.

Secondly, starting early maximizes the chances that you will own the trademark for your band name. If another band files for the same or a similar name, the U.S Patent and Trademark Office may reject your trademark application. Thousands of new applications are filed every day, so waiting for as little as a few weeks can become a risk.

If you have a unique band name, you should file for a band trademark as soon as possible. Filing for your trademark is the easiest way to avoid costly legal battles over ownership of your band name. Plus, you’ll maximize the chances that your application will be accepted by the U.S. Patent and Trademark Office.

Stop Worrying About Your Trademark

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So, the answers to the questions “when should I trademark my band name” or “when should I trademark the name of my band” are the same. You should trademark a band name as soon as possible.

V. HOW MUCH DOES IT COST TO TRADEMARK A BAND NAME?

The cost to trademark a band name can be as little as $1250.

To trademark a band name, one can expect to pay as little as $1250. At our office, we prepare and file professional trademark applications for band names, which includes a trademark search, all for about $1250. The USPTO filing fee for a single class of services is included in that number. This comprehensive process ensures that your band name is legally protected and distinguishes your brand from any potential competitors in the music industry.

VI. HOW LONG DOES IT COST TO TRADEMARK A BAND NAME?

About 13 months. Registering a trademark for a band name usually takes around 13 months. However, this timeline is influenced by your filing basis and the accuracy of your application. If you correctly file your application, the process is likely to be smoother and more efficient.

It typically takes about 13 months to trademark a band name.

VII. HOW DO YOU CHECK IF A BAND NAME IS TRADEMARKED?

You perform a trademark lookup. A trademark lookup is a search to check if a band name is available for you to register. A trademark lookup includes a national search at the U.S. Patent and Trademark Office (USPTO), local trademark searches of various State trademark databases, and the Internet.

What Does a Trademark Lookup Do?

A trademark lookup is a search to make sure that your proposed trademark is distinctive and eligible for trademark registration with the U.S. Patent and Trademark Office (USPTO). Distinctiveness is one of the requirements for every trademark

Stop Worrying About Your Trademark!

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See How My Law Firm Can Help You Protect Your Trademark

New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

The primary purpose of a trademark lookup is to assess whether your proposed trademark is distinctive and legally eligible for registration with the USPTO. Distinctiveness is one of the critical prerequisites for any trademark and is determined by the trademark’s ability to distinguish itself from competitors’ brands. If similar trademarks exist, they may limit your ability to register your trademark with the USPTO, enforce your trademark’s rights, and may result in trademark infringement litigation.

Learn all about how to do a trademark lookup here.

How To Find Out If a Band Name is Already Trademarked

The best way to find out if a band name is already trademarked is to do a trademark search the records of the U.S. Patent and Trademark Office.

VIII. CONDENSED SUMMARY

As a musician, your band name is an essential part of your identity. It’s the first thing fans see and hear, and it’s how they recognize your music. That’s why it’s crucial to protect your band name with a trademark. Trademarks help you establish your brand identity and prevent others from using your band name without your permission. In this blog post, we’ll take a closer look at what trademarks are, how they work, and why they matter for musicians.

What is a Trademark?

A trademark is a symbol, word, phrase, design, or combination of those that identify and distinguish goods or services from others. In the case of bands, a trademark identifies your band’s music, merchandise, and services from all others. It gives your band exclusive rights to use your name and logo in association with your music and merchandise. Trademarks can be registered or unregistered, but registering your trademark with the USPTO makes it easier to enforce your rights.

Why Register Your Band Name with the USPTO?

Registering your band name with the USPTO comes with many benefits. Your band name will be protected nationwide, and you’ll have exclusive rights to use and license it. You’ll also be able to sue those who use your band name without your permission. You can even use your trademark as collateral for loans or to attract investors. However, registering your trademark can be a lengthy and costly process. It’s important to work with an experienced attorney to ensure your trademark application is done correctly.

How to Choose a Unique Band Name?

Before you can register your trademark, you’ll need to choose a unique and memorable band name. Avoid using generic terms, such as “The Band” or “Music Group.” Instead, choose a name that reflects your music style and personality. It’s also crucial to make sure your band name is not already registered with the USPTO. You can search for registered trademarks on the USPTO website or hire an attorney to do the search for you.

How to Register Your Band Name with the USPTO?

Once you’ve chosen a unique band name and logo, you can start the process of registering your trademark with the USPTO. The process can take up to six months to a year and involves several steps, such as filling out an application, paying a filing fee, and submitting your band name and logo for examination. An attorney can help you navigate the process and ensure your application meets all the requirements.

Key Takeaways

Trademarking your band name with the USPTO is an essential step towards protecting your brand identity. It gives you exclusive rights to use your name and logo and prevents others from using it without your permission. Choosing a unique and memorable band name and working with an experienced attorney to register your trademark can ensure your band name stays protected for years to come. So, invest in your brand identity by registering your band name with the USPTO!

IX. DO YOU NEED A LAWYER?

Do You Have to Use a Trademark Attorney?

No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney.

Why You Should Work With a Trademark Attorney

Filing a trademark application with the USPTO (U.S. Patent and Trademark Office) starts a federal legal process that can get complicated, expensive and confusing. Working with a trademark attorney can make the process go faster, smoother, and result in more protection. That’s why the USPTO strongly recommends you work with a trademark attorney.

Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.

Take the Next Step and Legally

Own Your Band’s Name!

Schedule a Free Strategy Call

Take the Next Step Legally Own Your Band’s Name!

Request a Free Strategy Call

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Can You Trademark a Number? – AN EASY GUIDE

December 15, 2022 by Michael Kondoudis

You can trademark a number when it is used a brand for services and products. Numbers can be trademarked when they are used in commerce as brands, just like names, logos, and phrases.

By Michael Kondoudis, Trademark Attorney

Introduction

Can you trademark a number? This is a question that we get asked often, and the answer may surprise you. Here’s what you need to know about trademarks and numbers.

What is a Trademark?

Before we answer the question of whether or not you can trademark a number, it’s important to understand what exactly constitutes a trademark. A trademark is any word, symbol, phrase, logo, device, or combination thereof that identifies and distinguishes your product or service from those offered by other businesses. Generally speaking, trademarks serve two primary purposes: they protect your brand identity and they help customers differentiate between different brands in the same industry.

Can you trademark a number?

Yes, you can trademark a number and many numbers are trademarked!

Do you need help with your trademark?

Examples of trademarked numbers

007 is a brand of motion pictures
501 is a brand of clothing
23 is a personal brand of Michael Jordan
WD-40 is a brand of lubricating oil
FORTUNE 500 is a brand of business/financial information

What is needed to trademark a number?

To trademark a number, the number must be used in commerce as a brand to identify and distinguish a product or service from the competition. If the number is only used for decoration or ornamentation, it cannot be trademarked.

Additionally, any numbers that are used as trademarks must be unique and distinctive. If a number is too similar to other existing number trademarks, it will likely not qualify for trademark protection.

How to trademark a number

To trademark a number, you must submit an application with the U.S. Patent and Trademark Office (USPTO). This is an important step to ensure that no one else has trademarked the same or similar numbers as yours. Once your trademark registration is approved, you will be protected for up to 10 years from anyone attempting to use your trademark in a commercial setting without permission.

The benefits of trademarking a number

Trademarking a number comes with many benefits, including official legal ownership, the exclusive right to use it in your industry, and enhanced legal tools to make protecting your legal rights easier.

Trademarking a unique and distinctive number can provide many benefits for businesses and individuals alike – from providing legal protection against infringement and counterfeiting to helping customers recognize and remember your product or service more easily. Additionally, when done properly, trademarking a unique number can also help create brand loyalty and recognition over time by making your product/service stand out from competitors who do not employ this tactic.

In sum, trademarking a number can provide you with the peace of mind that others will not be able to use it without your permission.

TAKE THE NEXT STEP

Take next step toward LEGALLY owning your trademark!

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your mark, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

The Differences Between the TM and ® Trademark Symbols

October 26, 2022 by Michael Kondoudis

The ® symbol indicates that the mark is registered with the USPTO and protected by federal law. The TM symbol indicates only that the mark is trademarked but may not be registered with the USPTO.

By Michael Kondoudis, Small Business Trademark Attorney

This is our COMPLETE guide to the TM and ® trademark symbols.

This guide explains what the TM and ® symbols mean, when to use them, and the differences between them.

If you’re a trademark owner wondering what the differences are between the TM and ® symbols, then this guide is for you.

Let’s get started!

CONTENTS

> About Trademarks

> The TM Symbol

> The ® Symbol

> The Differences Between the TM and ® Symbols

> Condensed Summary

1. About Trademarks

What is a trademark?

A trademark is a symbol, name, or other device that distinguishes the goods or services of one company from those of others. A trademark can be a word, phrase, logo, graphic, color, or even a sound. The purpose of a trademark is to prevent consumers from being confused about the source of a product or service. Trademarks can be registered with the U.S. Patent and Trademark Office (USPTO), the federal agency that administers federal trademarks.

What is trademark registration?

Trademark registration is a process through which the U.S. Patent and Trademark Office (USPTO) evaluates a trademark to ensure that it qualifies for protection under federal trademark laws. The trademark registration process involves submitting an application to the USPTO and then waiting for the office to review the application and make the determination.

Is trademark registration required?

Registration is optional, but trademarks registered with the USPTO are stronger than those that are not registered. Only owners of registered trademarks are legally permitted to use the ® trademark symbol.

What are some of the benefits of trademark registration?

The benefits of trademark registration are numerous. First, only one person or business can register a trademark in an industry. When a trademark is registered, no one else can register or use it. Secondly, trademark registration is official confirmation of ownership of the mark. Third, trademark registration extends protection nationwide. Also, trademark registration is a powerful marketing tool; by registering your mark, you tell customers that your products or services are of high quality and legitimacy.

You can read all of the reasons to register a trademark here.

2. The TM Trademark Symbol

What does the TM symbol mean?

Typically, the TM symbol means unregistered trademark. The TM symbol means you claim rights in your trademark but may not have registered it. The TM symbol lets people know that a name, word, phrase, or logo is trademarked – regardless of whether you have registered it or not.

What is the TM symbol used for?

Typically, the TM symbol is used to indicate an unregistered trademark. When the TM symbol is used with a name, word, phrase, or logo, it means that the mark may not have been registered with the USPTO.

Do you need help with your trademark?

When is the TM symbol used?

The TM symbol can be used at any time, regardless of whether or not your trademark is registered with the USPTO. So, the TM symbol can be used with registered and unregistered trademarks. However, a TM symbol is typically used to indicate an unregistered trademark.

When should you use the TM symbol?

You should use the TM trademark symbol for unregistered trademarks and those going through the registration process. After the USPTO registers a trademark, you should use the ® symbol and stop using the TM symbol.

Why is it important to use the TM symbol?

Using the TM symbol for registered trademarks is important because it lets consumers know that you claim rights in a mark, and common law rights protect it. If you don’t use the TM symbol, consumers may not realize that your mark is a trademark.

The TM symbol puts potential infringers on notice that you consider your mark already in use and protects your common law rights to the mark.

3. The ® Trademark Symbol

What does the ® symbol mean?

The ® symbol means registered trademark. The ® symbol means that the U.S. Patent and Trademark Office (UPSTO) has registered your trademark and is protected by federal trademark law. The ® symbol lets consumers know that a name, word, phrase, or logo is trademarked and that it is registered with the USPTO.

What is the ® symbol used for?

The ® symbol is used to indicate a registered trademark. The ® symbol indicates that a trademark is registered with the USPTO.

When is the ® symbol used?

The ® symbol is used only after a trademark has been registered by the USPTO. The ® symbol can only be used with registered trademarks.

When should you use the ® symbol?

You should use the ® trademark symbol for registered trademarks that have completed the USPTO registration process. So, for a company to use the ® symbol, it must first apply for and receive a trademark from the government.

Why is it important to use the ® symbol?

Using the ® symbol for registered trademarks is important because it lets consumers know that the mark is protected by federal law. If you don’t use the ® symbol, consumers may not realize that your trademark is registered.

The ® symbol, on the other hand, provides notice that your mark is registered with the USPTO and deters potential infringers by making it clear that you have a valid claim to the mark.

4. Differences Between TM and ®

The ® and TM symbols are both used to indicate that a particular name, word, phrase, or logo is a trademark. However, there is a distinct difference between the two symbols.

How do the TM and ® Symbols Differ?

The TM and ® symbols differ in the following three ways:

when they are used
what they mean
their impact

#1 Usage

The TM symbol can be used with registered and unregistered trademarks, while the ® symbol can only be used with registered trademarks. You can only use the ® trademark symbol after registering your mark with the USPTO.

The ® symbol is reserved exclusively for registered trademarks, while the TM symbol can be used regardless of whether your trademark is registered with the USPTO.

Do you need help with your trademark?

#2 Meaning

The ® symbol means that a trademark is registered with the USPTO and is protected by federal law, while the TM symbol means that someone claims exclusive rights to a trademark, which may or may not be registered.

#3 Impact

The TM symbol is less powerful than the ® symbol because it doesn’t offer federal protection. However, using the TM symbol can still help to prevent consumer confusion and can help to protect your trademarks from infringement.

5. Condensed Summary

When you see a company’s logo, there is usually a little symbol next to it. But what does that symbol mean? The two most common symbols are the TM and the ®. They may look similar, but they actually have two very different meanings. Keep reading to learn the difference between the TM trademark symbol and the ® trademark symbol.

The TM symbol stands for ‘trademark.’ It can be used with any word, phrase, or logo that a company feels represents their brand. The TM symbol does not have to be registered with the government to be used; however, businesses can only use it once they have proof that they are using it as a trademark. common law rights.

The ® symbol stands for ‘registered trademark.’ This means that it is a trademark that has been registered with the government. In order to use this symbol, businesses must first register their trademark with the USPTO.

The bottom line is that if you want to use the ® symbol, you must register your trademark with the USPTO. However, you can use the TM symbol even if your trademark is not yet registered. Doing so will help you protect your rights to your word, phrase, or logo by indicating that you are already claiming ownership of it.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Taylor Swift Trademarks: A COMPLETE GUIDE

October 6, 2022 by Michael Kondoudis

By Michael Kondoudis, Trademark Attorney

This is our COMPLETE guide to Taylor Swift’s trademarks.

If you want to learn about Taylor Swift’s trademarks, what products and services she protects, and Ms. Swift’s trademarking strategy, then this guide is for you.

CONTENTS

> Introduction

> Taylor Swift’s Trademarking Efforts

> The “Taylor Swift” Trademark

> Taylor Swift’s Trademarks

> Taylor Swift’s Trademarking Strategy

1. Introduction

Over the years, Taylor Swift has established herself as a force to be reckoned with in the music industry. She has become one of the most popular recording artists in the world. In addition to her success as a recording artist, she is also known for her savvy business acumen. Recently, she has been making headlines for her trademarking efforts.

Along with her successful music career, she has also built a successful brand, trademarking phrases like “this sick beat” and “nice to meet you, where you been?” In addition to trademarking her name, Swift has also trademarked several of her song titles, including “Shake It Off” and “We Are Never Ever Getting Back Together.”

By trademarking them, she is ensuring that they can only be used in association with her products and services. In a competitive industry like the music business, trademarking is a smart way to protect one’s brand and maintain control over one’s image. Taylor Swift is a master of both music and marketing.

RELATED: What is a trademark?

2. Taylor Swift’s Trademarking Efforts

Taylor Swift, individually and through her company TAS Rights Management, currently owns over 200 U.S. trademarks.

How many trademarks does Taylor Swift have?

Taylor Swift has about 50 trademarks and owns over 200 federal trademark registrations for them. Ms. Swift started using her trademarks in 2001 and started registering them in 2008.

When did Taylor Swift start filing trademarks?

Taylor Swift first began filing trademark applications in 2007. Since then, Taylor Swift has filed over 350 trademark applications.

What does Taylor Swift trademark?

Taylor Swift has filed trademarks for:

Her name, her initials, and her signature
The names of her albums and fan club
Song titles and lyrics
The names of her concert tours and music festivals

3. The Taylor Swift Trademark

The TAYLOR SWIFT trademark covers a wide range of merchandise, including clothing, stationery, and toys. The trademark has been used extensively by Taylor Swift and her team to promote her brand and sell merchandise. In 2014, the trademark was featured on the cover of TIME magazine. The Taylor Swift trademark is a valuable asset for Taylor Swift and her team, and it has helped her to build a successful career in the music industry.

Is the Taylor Swift name trademarked?

Yes, the name Taylor Swift is trademarked. Taylor Swift trademarked her name in 2007 and currently owns more than thirty trademark registrations for her name.

U.S. Trademark No. 3,439,210 for TAYLOR SWIFT

When was Taylor Swift trademarked?

Ms. Swift filed her first trademark applications for TAYLOR SWIFT in March of 2007. The applications were granted by the U.S. Patent and Trademark Office, and they are now registered.

What does the Taylor Swift trademark cover?

The TAYLOR SWIFT trademark registrations cover:

Clothing;
Entertainment services including live musical performances by an individual;
Series of musical sound recordings; pre-recorded audio cassettes, compact discs, DVD’s and video tapes featuring performances by an individual;
Digital media including downloadable audio files and downloadable audio and video recordings featuring musical entertainment;
Downloadable video and musical sound recordings

…and more

Is Taylor Swift copyrighted or trademarked?

The name Taylor Swift is trademarked because it is a brand. Names, including the names of recording artists like Taylor Swift, are eligible for trademark protection.

Copyrights protect creative works, such as music, songs, lyrics, and album covers. Copyrights do not protect names such as Taylor Swift.

Related: Trademarks vs. Copyrights

4. What are Tylor Swift’s Trademarks?

Taylor Swift has trademarked her name and image to prevent others from using them without her permission. She has also trademarked several phrases from her songs, such as “This Is Why We Can’t Have Nice Things” and “Swish Swish.” This is an effort to protect her brand and ensure that she receives all the profits from any products or services that bear her name or likeness.

How many trademarks does Taylor Swift own?

Taylor Swift owns over 200 U.S. trademark registrations.

What did Taylor Swift trademark?

Some of the things that Taylor Swift has successfully trademarked over the years include her name, her stage name (“Taylor Swift”), certain phrases associated with her (“this sick beat,” “nice to meet you,” “wherever you are”), and even her cats’ names (“Meredith” and “Olivia”).

The Taylor Swift trademark list

The Taylor Swift trademark list includes trademarks for:

Her name: TAYLOR SWIFT
Her initials: T.S.
The names of her tours: THE 1989 WORLD TOUR
The names of her Albums: FEARLESS. 1989
The name of her fan club: SWIFTIES
Song titles: SHAKE IT OFF, AND I’LL WRITE YOUR NAME
Selected song lyrics: PLAYERS GONNA PLAY

She’s even trademarked her signature!

Here’s the full Taylor Swift trademark list:

MIDNIGHTS MAYHEM WITH ME
TAYLOR SWIFT MIDNIGHTS
FEARLESS TAYLOR’S VERSION
RED TAYLOR’S VERSION
SWIFT
TAYLOR SWIFT EVERMORE ALBUM
REPUTATION TAYLOR’S VERSION
1989 TAYLOR’S VERSION
SPEAK NOW TAYLOR’S VERSION
RED TAYLOR’S VERSION
TAYLOR SWIFT TAYLOR’S VERSION
FEARLESS TAYLOR’S VERSION
TAYLOR’S VERSION
TAYLOR SWIFT EVERMORE ALBUM
CHRISTMAS TREE FARM
TS
FOLKLORE ALBUM
FOLKLORE
LOVER FEST
A GIRL NAMED GIRL
SWIFTMAS
LOVER FEST EAST
LOVER FEST WEST
TAYLOR SWIFT TOURING
LOVER
MEREDITH, OLIVIA & BENJAMIN SWIFT
THE OLD TAYLOR
MEREDITH & OLIVIA SWIFT
TS
BIG REPUTATION
TAYLOR NATION
… READY FOR IT?
THE OLD TAYLOR CAN’T COME TO THE PHONE RIGHT NOW
LOOK WHAT YOU MADE ME DO
REPUTATION
TAYMOJI
SWIFTIES
SWIFTIE
TAYMOJI
SWIFTMAS
BLANK SPACE
AND I’LL WRITE YOUR NAME
THE 1989 WORLD TOUR
NICE TO MEET YOU. WHERE YOU BEEN?
COULD SHOW YOU INCREDIBLE THINGS
CAUSE WE NEVER GO OUT OF STYLE
THIS SICK BEAT
S.
T.S. 1989
1989
PLAYERS GONNA PLAY
SHAKE IT OFF
WELCOME TO NEW YORK, IT’S BEEN WAITING FOR YOU
1989
TAYLOR SWIFT
SPEAK NOW
TAYLOR SWIFT FEARLESS
REPUTATION
TAYLOR SWIFT

5. Taylor Swift’s Trademarking Strategy

Taylor Swift and her team have carefully cultivated and protected an expansive brand comprising a variety of trademarks. Some believe she may be planning to start a merchandising empire similar to what Beyoncé has built. But, whatever her reasons, by trademarking her name and other brand elements, Swift has protected her brand and prevented others from using her work without permission. As a result, she has maintained control over her image and her career, cementing her place as one of the top recording artists in the world.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

What Can Be Trademarked: An EASY Guide

August 16, 2022 by Michael Kondoudis

By Michael Kondoudis, Small Business Trademark Attorney

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This is our EASY guide to what can be trademarked. If you want to know what can be trademarked (and what can’t), then this guide is for you.

Let’s get started!

Contents

> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

> What is a trademark?

> What is a registered trademark?

> What a trademark does

> What can be trademarked

> The top 15 things that can be trademarked

> What cannot be trademarked

> The top 7 things that cannot be trademarked

What Is A Trademark?

A trademark is a sign or signal that represents a brand identity and identifies a business’s products or services in the marketplace. Names, logos, and phrases are the most popular trademarks.

Trademarks represent brands. Every successful brand is built on at least one trademark. When you protect a trademark, you protect the brand that goes with it, along with all of the hard work and investment that you put into your brand. In most cases, names and logos are the cornerstones of brands.

What Is A Registered Trademark?

A registered trademark is an enhanced trademark certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights and prevents anyone else from registering anything even similar for your industry.

Registered trademarks are sometimes referred to as federal trademarks.

Federal trademark registration is the best way to protect the mark(s) that reflect your brand. Read our quick guide to all of the reasons to register a trademark.

U.S. Trademark 48,461 for Campbell’s Soup

U.S. Trademark 977,190 for the NIKE Logo

The United States Patent and Trademark Office (or “USPTO”) is the Federal agency that registers trademarks.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

The purpose of a trademark is to allow customers to easily identify the source of goods or services. Trademarks protect businesses’ investments in their brands and stop others from unfairly reaping the benefits of that investment.

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

What Can Be Trademarked?

Many things can be trademarked, especially business or product names, logos, slogans, and phrases. As long as the trademark identifies a source of goods or services and is used in commerce, it is generally eligible for trademark protection. Generally, trademarks cover goods and services that are related to the brand. Typically, trademarks are registered with the U.S. Patent and Trademark Office.

The most popular types of marks are:

Names: Usually, your company name or the name of your product.

Logos: Your company logo or other graphic used to brand your products

Phrases + slogans: The phrase you use to sell your products.

For example, Apple Inc. protects its brand with a combination of its name “Apple,” its apple logo, the slogan “Think Different,” and product names like “MacBook” and “iPhone.”

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including a word, name, phrase, symbol, design, sound, character, color, or color scheme, so long as it is used as a brand. Every element of your brand can be a trademark. The possibilities are almost limitless.

What Can You Trademark?

Anything that represents your brand and distinguishes your products from the competition can be trademarked, especially business or product names, logos, slogans, and phrases. So, you can trademark anything that distinguishes your products and services from the competition and helps consumers identify brands, including:

1. Band Names (“The Beatles”)
2. Blog Names (“Mashable”)
3. Catchphrases (“That’s Hot!”)
4. Characters/Mascots (“Ronald McDonald”)
5. Company Names (“Google”)
6. Logos (the Nike “swoosh”)
7. Podcast Names (“The Joe Rogan Experience”)
8. Product Names (“Corvette”)
9. Product Shapes (Coca-Cola contoured bottles)
10. Restaurant Names (“Taco Bell”)
11. Services (“Bank America”)
12. Slogans (“What’s in your wallet”)
13. Webinar Names + Platforms (“Zoho”)
14. YouTube Channel Names (“PewDiePie”)

What Can You Trademark?

Band Names (“The Beatles”)
Blog Names (“Mashable”)
Catchphrases (“That’s Hot!”)
Characters/Mascots (“Ronald McDonald”)
Company Names (“Google”)
Logos (the Nike “swoosh”)
Podcast Names (“The Joe Rogan Experience”)
Product Names (“Corvette”)
Product Shapes (Coca-Cola contoured bottles)
Restaurant Names (“Taco Bell”)
Services (“Bank America”)
Slogans (“What’s in your wallet”)
Webinar Names + Platforms (“Zoho”)
YouTube Channel Names (“PewDiePie”)

What Cannot Be Trademarked?

Inventions and creative works of art cannot be trademarked; they are protected by patents and copyrights, respectively. Also, some brand elements cannot be trademarked because they do not identify the source of a product or service.

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked?

• Names and logos that are too similar to an existing trademark cannot be trademarked. Confusion could result.

• Generic terms and phrases cannot be trademarked because they are never recognized as a brand.

• Common surnames cannot be trademarked without a separate showing that the name has acquired distinctiveness through use.

• Geographic descriptors cannot be trademarked because they just describe an aspect of a product or service.

Other examples of things that you cannot trademark are inventions and creative works, which are respectively protected by patents and copyrights.

1. Generic terms

Generic terms that describe a category of product or service cannot be trademarked. For example, you cannot trademark the word “car” or the word “computer.”

2. Descriptive terms

Descriptive terms that describe a feature of a product or service cannot be trademarked. For example, you cannot trademark the word “fast” or the word “efficient.”

3. Geographical terms

Geographical terms that identify the original or location of a product or service cannot be trademarked. For example, you cannot trademark the word “California” or the word “New York.”

4. Personal names

Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”

5. Trademarks that are misleading

Trademarks that are misleading cannot be registered. For example, you cannot register a trademark for the word “Natural” if the product is not actually natural.

6. Trademarks that are too similar to existing trademarks

Any mark that is likely to cause confusion with an existing registered mark is not registrable.

What Cannot Be Trademarked

The United States Patent and Trademark Office (USPTO), which is responsible for examining applications and granting registrations for trademarks, has strict rules about what can and cannot receive protection. The following things cannot be registered as trademarks:

Deceptive Words, Names, Phrases, Slogans (they are misleading)
Merely Descriptive Words (e.g., Best ice cream, Red car)
Merely Decorative Features (they don’t identify source)
Generic Terms and Phrases (e.g., milk, toaster)
Proper Names or Likenesses (without consent from the person)
Disparaging Words, Names, Phrases (by law)
Government Flags, Coats of Arms, Flags (by Statute)

Frequently Asked Questions

1. What can I trademark?

You can trademark anything that helps customers recognize you in the marketplace and distinguish you from your competitors. Company names, product names, logos, and phrases are prime candidates for trademark protection. You can trademark words, phrases, and logos by submitting an application to the U.S. Patent and Trademark Office (USPTO).

2. What cannot be trademarks?

Creative works and inventions are not eligible for trademark protection. They are protected by copyrights and patents, respectively. Also, merely descriptive terms such as “shoes” or “books” and generic terms such as “car wash” or “dry cleaning” cannot be trademarks because they do not distinguish a company or its products in the marketplace.

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Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).

www.mekiplaw.com

Why Register a Trademark – ALL YOU NEED TO KNOW

August 12, 2022 by Michael Kondoudis

You should register a trademark because it is the highest level of protection you can get for a trademark. Registration has benefits that reduce the costs of enforcing your trademark rights and enhances those rights, which can save you money over time.

By Michael Kondoudis, Small Business Trademark Attorney

Registering a trademark is REALLY important if you want to protect it. If you are not 100% sure about registering your trademark and want to know the answer to the question “why register a trademark?” here it is:

Registration is the ultimate protection for any trademark.

For example, when you register a trademark, you prevent any competitor from trademarking it and taking it from you. Also, trademark registration is official confirmation from the US Government that you own your trademark that ensures that you will never be forced to rebrand. It is a cost-effective way to protect your brand.

Let’s jump in!

CONTENTS

> About Registered Trademarks

> Registering Trademarks

> The Benefits of Trademark Registration

> Frequently Asked Questions

1. About Registered Trademarks

What is a Registered Trademark?

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights preventing anyone else from registering anything similar for your industry.

How Do You Get a Registered Trademark?

You get a registered trademark by filing an application with the United States Patent and Trademark Office (or “USPTO”), the Federal agency that registers trademarks.

2. Registering Trademarks

Do You Have to Register a Trademark?

No, you do not have to register a trademark. There is no legal requirement to register your trademark. But there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.

What Happens If You Don’t Register a Trademark?

Not registering a trademark comes with legal and financial risks.

A competitor can register your trademark for their business and take it from you. You will be forced to rebrand.

You will have limited trademark rights at best. They will be limited to only the geographic areas in which you use your mark, and you may not be able to stop a concurrent user.

You will not be entitled to the enhanced damages that owners of registered trademarks can get.

A competitor can earn superior rights in your mark and charge you with infringement.

Do you need help with your trademark?

Why Register a Trademark?

You should register a trademark because it is the highest level of protection you can get for a trademark, confirms your LEGAL ownership of it, and increases its value. Plus, registering your trademark strengthens the legal protection of your mark, which makes enforcing your rights easier and less expensive. Registered trademarks enjoy significantly greater rights and protections than unregistered marks.

You should register a trademark because it makes it easier and less expensive to stop copycats and imitators. Also, trademark registration will prevent competitors from registering your mark and take it from you. Additionally, registering your trademark is a good idea to ensure that you do not infringe on anyone else’s trademark

Remember: The U.S. Patent and Trademark Office is not an enforcement agency. You are responsible for protecting your trademark rights. By registering your trademark, you can significantly reduce the costs of enforcement.

3. Benefits of Trademark Registration

Top Seven Benefits of Trademark Registration

These are the top benefits that come with trademark registration:

Trademark registration is confirmation of your legal ownership of your mark.
Trademark registration is the best protection from trademark infringement by competitors.
Trademark registration prevents a competitor from registering your mark or anything similar.
Trademark registration ensures that your trademark does not infringe anyone else’s marks.
Trademark registration makes your mark more valuable as a business asset.
Trademark registration puts others on notice of your rights in your mark.
Trademark registration enhances the value of a company’s brand.

Top Ten Reasons to Register a Trademark

Here are the top ten reasons to register a trademark:

Legal Ownership
Protection from Infringement
Prevent Competitors from Registering Your Mark
Easier and Less Expensive Enforcement
Verification that Your Trademark Does Not Infringe
Exclusive National Rights
Right to Use the ® Trademark Symbol
Addition to the USPTO Trademark Database
Better Online Protections & Access to Amazon Brand Registry
It Will Protect Your Investment In Your Brand

1. Legal Ownership

Trademark registration is official confirmation from the Federal government that you legally own your trademark. You become 100% in charge of how your trademark is used and by whom. When you register a trademark, you legally own it.

2. Protection from Infringement

You should register a trademark because it will protect you from infringement. A trademark registration will help keep anyone related to your industry from using your trademark. This ensures that your trademark remains distinctive.

3. No Else Can Register Your Mark

You should register a trademark because it will prevent anyone in your industry from trademarking it (or anything similar). If someone else registers your trademark, they will own it, and you will need to rebrand.

4. Easier and Less Expensive Enforcement

You should register a trademark because it will lower the costs to protect and enforce your trademark rights. Trademark registration comes with important legal presumptions that make protecting your trademark easier and less expensive, such as the legal presumptions that you own your trademark and have the national right to use it. Plus, you will be able to sue infringers for triple (3x) damages and attorney fees!

5. Verification that Your Mark Does Not Infringe

During the registration process, a U.S. Patent and Trademark Office investigates whether a trademark is likely to infringe any other trademarks, and it rejects trademarks that do. So, when you register your trademark, you get the peace of mind that you do not infringe anyone else’s trademarks.

6. Exclusive National Rights

A Federal trademark comes with the immediate, exclusive, and nationwide right to use your mark in your industry with the backing of Federal courts to protect it. Only one business can use a trademark in an industry, and it is usually the one that registers it first.

7. Use the ® Symbol

Only owners who register their trademarks can legally use the ® symbol, an attention grabber that tells the world that conveys credibility, stability, and professionalism. So, trademark registration will boost your new business in the marketplace.

8. Addition to the USPTO Trademark Database

Trademark registration adds your trademark to the U.S. Patent and Trademark Office database of registered and pending trademarks. Your trademark will appear in trademark searches and can scare off anyone thinking of using your trademark.

9. Better Online Protection & Access to Amazon Brand Registry

Trademark registration makes it easier to protect your mark online. Amazon’s brand registry requires a trademark registration and makes proving ownership to Facebook, Tik Tok, and Instagram a mere formality. Plus, trademark registration provides for enhanced protection against cybersquatters.

10. It Will Protect Your Investment

Trademark registration will protect profits and your investment in your brand. If someone else starts selling products with your mark, they could divert sales and damage your business. Plus, with a registered trademark, you can invest in marketing with confidence that you will receive the full benefit of your efforts.

4. Frequently Asked Questions

1. When Should I Register a Trademark?

As soon as possible, according to most authorities. The trademarking process typically takes more than a year, so starting early is essential. Most business owners begin the process of registering trademarks as soon as they are formed and long before they take a product to market. Also, it is costly to have to rebrand if you accidentally infringe someone else’s registered trademark.

2. Do Trademarks Need to be Registered?

Yes, you need to register your trademark. Registration is optional, but there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.

3. How Long Does a Federal Registration Last?

Your trademark registration can last forever, so long as you continue to use your trademark in commerce and provide us with evidence that you’re still using it. Specifically, you need to file maintenance documents with fees at prescribed, periodic intervals. For example, you must file a maintenance document after your trademark has been registered for five years. You can read more about the requirements for trademarks here.

TAKE THE NEXT STEP

Ready to LEGALLY own your trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.

Michael Kondoudis

Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).