Names, logos, and phrases are the most common trademarks. Trademarks protect brands.
By Michael Kondoudis, Small Business Trademark Attorney
This is our EASY guide to trademarks.
Have you ever wondered what a trademark is, what it protects, or how it can benefit your business? Do you need to learn what can be a trademark? This blog post answers these questions – and more.
If you need to learn about trademarks, then read on. This guide is for you.
Let’s get started!
CONTENTS
PART I: What is a trademark?
PART II: What is a registered trademark?
PART III: What can be trademarked
PART IV: What can’t be trademarked
PART V: The requirements for trademark protection
PART VI: Why you want a registered trademark
PART VII: How long does it take to get a registered trademark
PART VIII: Why you should work with a trademark lawyer
PART I: What is a trademark?
PART II: What is a registered trademark?
PART III: What can be trademarked
PART IV: What can’t be trademarked
PART V: The requirements for trademark protection
PART VI: Why you want a registered trademark
PART VII: How long does it take to get a registered trademark
PART VIII: Why you should work with a trademark lawyer
What is a Trademark?
There are many ways to define trademarks.
A trademark is a sign that distinguishes the goods or services of one company from those of another. A trademark can be a word, phrase, logo, image, or combination. Trademarks protect brands and businesses’ investment in their brands.
Trademarks are distinctive words, names, and signs used to identify and distinguish a company’s products from those of the competition. Trademarks are badges of origin.
A commonly used synonym for a trademark is brand name. For example, COKE and PEPSI are trademarks (brand names) for soft drinks while FORD and BMW are trademarks for automobiles.
Trademarks are more than just names, however. The most common trademarks are words, logos, and phrases.
A trademark identifies a product from a single source. Customers don’t always need to know the name of the source, but they can know that products with the brand come from a single source.
Trademarks represent and protect brands and are often indicated by the trademark symbols TM, SM, and ®️.
What is a Registered Trademark?
A registered trademark is an enhanced trademark that has been certified by the U.S. government and, comes with official legal ownership, nationwide legal rights, and prevents anyone else from registering anything even similar for your industry.
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. The very best way to protect a brand is with a registered trademark.
The United States Patent and Trademark Office (or “USPTO”) is the federal agency that registers trademarks.
Owners of registered trademarks are legally allowed to use the “circle r” or “®” trademark symbol.
Trademarks can last indefinitely so long as they are renewed on time.
How Do You Register a Trademark?
To register your trademark, you’ll need to file an application with the USPTO – the federal agency responsible for trademark registration. While the process can be time-consuming and may require expert guidance, it’s a crucial step in securing your brand’s identity and ensuring its success.
What Does a Trademark Do?
A trademark identifies the source of products and services, tells customers which products or services come from your business, and differentiates them from the competition. Trademarks are badges of origin and represent and protect brands.
Trademarks represent your brand and also protect it while helping maintain the integrity of your hard work and investment.
The Power of Trademarks
The strength of a trademark is its ability to:
• Identify the source of your products or services, communicating a sense of trust and dependability to your customers
• Establish a strong connection between your brand and the products or services you offer, enabling customers to recognize and choose your business over competitors
• Provide legal protection by discouraging competitor attempts to use similar names, logos, or designs that could potentially confuse customers or tarnish your brand image
What Can You Trademark?
Every element of your brand can be a trademark. The possibilities are almost limitless. The four most common types of marks are:
- Names: usually your company name
- Logos: your company logo or other graphic used to brand your business
- Slogans: the catchphrase used to promote your business
- Product Names: the unique name of your product
In most cases, brand names and logos are the cornerstones of most brands.
LEARN MORE: Guide to what can (and can’t) be trademarked
Other examples can include:
- Clothing Brands
- Company Names
- Podcast Names
- Blog Names
- Band Names
- Product Shapes
- Webinar Names
- YouTube Channels
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.
What Can’t Be Trademarked
Already in use or too similar: If a mark is already in use or has a striking resemblance to an existing mark, it cannot be trademarked.
Generic descriptive words: You cannot trademark generic terms, as they cannot be exclusively linked to your brand or product.
Commonly used phrases or messages: Everyday phrases do not qualify for trademark protection. For example, you cannot trademark “Happy Birthday.”
Direct religious quotes and passages: Using sacred words or direct quotes from religious texts is forbidden when it comes to trademark protection.
Requirements for Trademark
getting your Federal trademark comes down to meeting the same four trademark requirement
- No conflicts with other trademarks
- Trademark distinctiveness
- Use in commerce
- The capability to be a source identifier
Why You Want a Registered Trademark for Your Brand
The answer is simple. A registered trademark is the ultimate protection for any brand. There is no greater protection. That makes a registered trademark the best insurance against having to rebrand.
Here are just some of the reasons why:
Confidence. A registered trademark is an official confirmation that you own your trademark. Your brand will be yours as long as you use it.
Exclusivity. A registered trademark will prevent anyone else from registering it (or anything similar) in your industry. The USPTO is required to reject all future applications.
Legal Protections. A registered 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.
Online Protections. A Federal trademark gives you enhanced protection for domain names and on social media platforms, along with access to Amazon’s brand registry.
Credibility. Only a Federal registration gives you the legal right to use the ® symbol, an attention grabber that tells the world that you take your business and brand. seriously.
They also:
- make foreign registrations possible
- enable counterfeit protection by Homeland Security at the border
- can continue indefinitely
We make trademarks easy!
How Long Does It Take to Get a Federal Trademark?
The trademarking process takes about 14 months in most cases.
Remember: Registering your trademark is a complex procedure that involves your application moving through various stages. It is a Federal legal matter, and there are many factors that affect how long it takes to register a trademark. In fact, there’s no guarantee your trademark will ever register. This is why the U.S. Patent and Trademark Office recommends that applicants work with a trademark attorney.
According to the Wall Street Journal, you’ll increase your chances of success by up to 50% compared to applications not filed by a trademark lawyer.
Why You Should Work With A Trademark Lawyer
A lot of legal strategy goes into a successful Federal trademark application. An experienced trademark attorney can help save you time, money, and headaches as you navigate the process.
Here are a few of the ways:
1. The USPTO will not give you legal advice and cannot give you a break. If you file on your own, you’re really on your own. The USPTO cannot give you legal advice and can’t bend the rules for you.
2. Over 80% of all applications require a legal response. Most applications are initially denied because of all of the legal and procedural requirements. This often gets unrepresented applicants into trouble.
3. You’ll get legal and strategic advice about your trademark, your brand, and the best ways to protect them. We can help make sure that your mark is legally protectable, that your application is complete and accurate, and help ensure that you apply for the protection you need.
4. The U.S. Patent and Trademark Office strongly recommends it.
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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).