Trademark laws allow businesses to safeguard the names, logos, or slogans they use to represent themselves. Words, logos, or designs that are trademarked are owned property, and the owner is allowed to use that property however they see fit. If you would like to have a logo, slogan, or name trademarked, you may be wondering, “What are the basic trademark laws?”

Trademarks and Service Marks

Trademarks are a type of intellectual property used to protect companies’ products. In essence, a trademark is a product’s beginning. It allows a consumer to know the difference between each company’s products. Trademarks can even involve the look of a product, such as particular colors or designs used on the packaging.

Another kind of trademark commonly used is known as a “service mark,” which is a style of marking that makes a particular company easily recognizable. For example, McDonald’s uses service marks in the form of their golden arches.

Whenever these arches are seen from a distance, the consumer instantly recognizes them as the McDonald’s symbol. When the word “trademark” is used in relation to service marks, it is usually referring to protecting the company’s rights to those marks.

How Trademark Rights Work

Anything that is trademarked, including specific words, slogans, or designs, is then an owned possession, and the owner has the right to make decisions on how to use their trademarked possessions. If a trademarked logo or slogan is used by someone other than the owner, that is considered infringement.

Trademark Infringement

When trademark infringement happens, the owner of the trademarked property has a right to take legal action. They can file a claim for any damages that result from this infringement.

Trademarks must be unique so that another trademarked name, slogan, or design is obviously different. If a slogan, name, or design is too similar to one that is already trademarked, it may be difficult to differentiate between products and their creators.

This is why it is important that trademarked products are distinctive from other products. If a consumer can easily pick out your product and recognize its packaging, this benefits your company’s reputation and sales.

How to Register a Trademark

Registering a trademark involves several steps. First, you will need to determine what kind of trademark you need. It can be incredibly helpful to consult with a trademark lawyer, who can assist you throughout the process.

Trademarks typically refer to slogans, names, and logos. After determining the type of trademark protection you need, you then need to decide what your mark will be. This takes a considerable amount of time to consider, as you need to ensure that whatever mark you want to trademark will be able to be registered.

Once these things have been considered, you can then file an application for a trademark. You will need to create an account with the United States Patent and Trademark Office (USPTO). You may do this online using the Trademark Electronic Application System. A fee will be included in your application.

If the USPTO has decided that your trademark meets the requirements, an examining attorney will be assigned to your case. They will review all aspects of your applications and alert you of any additional requirements that you must fulfill, along with additional fees.

If that examining attorney finds no faults with your application, your mark will be published in the “Official Gazette,” in which other companies will have the potential to file a complaint with your mark. If there are no issues with your mark, you will then need to file a statement of use. If that is approved, then you will be given the ability to register your mark.

FAQs

Q: How Do You Get a Copy of a Trademark Document?

A: You can get a copy of a trademark document by using the online platform provided by the USPTO. The Trademark Status and Document Retrieval system allows you to see all of your documents, as well as to download and print them if you wish. For an additional fee, you may also get a copy of the registration of your trademark.

Q: After the Application for a Trademark Is Processed, What Happens Next?

A: After an application for a trademark is processed, the owner of the trademark will be given a Certificate of Recordal, which will contain the mark, information for the owner, and the recordal date. You can reference the recordal date to determine when renewals are due.

Q: Is a Trademark Search Needed Before Filing an Application?

A: A trademark search is not needed before filing an application, but it is suggested. This is because a search will help determine if your request for a particular mark has already been requested. If this is the case, your request to use that mark will not be approved, as it has already been requested by another business.

Q: Why Do You Need to Get a Trademark?

A: There are several reasons why you need to get a trademark. When you have a nationally recognized trademark, you are protecting your mark from infringement. You also have proof of your ownership. Because of your registration in the United States, you also have the ability to register your trademark in other countries.

Consult With a Trademark Lawyer From Four Reasons Legal Today

Businesses that want to safeguard names, logos, or slogans must follow the relevant laws to create a trademark. Specific phrases, designs, or names that are trademarked are considered property, and the owner is able to use that property as they want.

If you’d like to have something trademarked, it’s vital to have a trademark lawyer walk you through the process. They can decrease your chances of a denial and help you fill out the complex application. A lawyer can also provide crucial help if someone else has infringed on your trademark, holding the liable party accountable and recovering compensation on your behalf. Contact Four Reasons Legal for assistance whether you’d like to create a trademark or have concerns about infringement.