TRADEMARKS

Trademark basics, including protecting a product name, logo, company name, slogan, service name, domain name, or tagline.

“What is a Trademark?” and Everything You Need to Know About Them

Starting a new business? Then you’ve probably encountered the term “trademark” a few times. Maybe you’re asking, “What is a trademark?” and why is it important? In this article, we will explore these questions and delve into all aspects of trademarks, including their role, what can be trademarked, and the integral role the US Patent and Trademark Office (USPTO) plays in the process.

Definition and Explanation of Trademark

A trademark is a word, name, slogan, sign, logo, or other symbol that sets a business, its products, or its services apart from others

Registered trademark

in the marketplace. It can be a word, phrase, design, or combination of these elements. But it’s not just a mere symbol; it’s the unique identity of your business that legally protects you from counterfeiting or infringement.

A trademark is a word, phrase, design or symbol, or a combination of words, phrases, designs or symbols, that identifies and distinguishes the source of goods of one party from the goods of others. Trademarks are meant to provide a distinct identity to businesses. One famous example is the golden arches symbol guiding the public into a certain fast food chain’s parking lot.

Such marks are technically referred to, respectively, as trademarks, service marks, collective marks, and certification marks. Service marks, for instance, are similar to a trademark, except that it identifies and distinguishes a service rather than a product source. However, trademarks and marks refer to all types of marks generally.

The Crucial Role of Trademarks in Business

Trademarks play an indispensable role in business. Let’s dissect this into two primary roles – branding and legal protection.

Branding and Trademarks: An Inseparable Pair

From an economic perspective, trademarks serve as the cornerstone of branding. They provide a unique identity that helps consumers quickly recognize and associate with the quality and reputation of your goods or services. Ever seen the Apple logo or McDonald’s golden arches? They’re more than just logos. They’re trademarks that convey brand identity.

The Legal Implications of Trademarks

From a legal standpoint, trademarks safeguard your business. They prevent others from using a similar symbol or name that could lead to market confusion. If someone attempts to use your trademark, you have the legal right to sue them and even seek damages.

Trademark a name, logo

What Can Be Trademarked?

Your business names? Yes. Your brand logo? Absolutely. Almost anything that serves as a unique identifier for your goods or services can be trademarked. This includes company names, brand logos, slogans, and even unique product names.

Trademarking a Name: A Step-by-Step Guide

Trademarking a name involves applying to a trademark office, like the USPTO. This process requires a comprehensive search to confirm the name still needs to be used. If your business name is sufficiently distinctive, you can proceed with the application.

How to Trademark a Logo?

Just like names, logos can be trademarked. The process requires a detailed search to ensure the logo is distinctive for the goods and services that you want to register it for. Once confirmed, you can proceed with the application process. Keep in mind that a well-crafted logo can significantly enhance your brand recognition.

An Overview of the US Patent and Trademark Office (USPTO)

The US Patent and Trademark Office (USPTO) is the governing federal agency responsible for reviewing and registering trademarks and granting patents.

The Mandate of USPTO

The primary role of the USPTO is to ensure that the rights of inventors and businesses are protected. They review applications for patents and trademarks, determine whether they meet the required criteria, and then grant or refuse registration. Besides this, the USPTO also maintains an exhaustive database of registered trademarks and patents.

How to File a Trademark with USPTO?

Filing a trademark with the USPTO is a straightforward process that involves submitting an application online. The process includes providing a clear representation of your mark and identifying the classes of goods or services it will represent.

Diving into the USPTO Trademark Search

Before you submit your application, it is advisable to conduct a USPTO trademark search.

Why is Conducting a Trademark Search Important?

A trademark search is crucial because it helps ensure your

Trademark search

intended trademark isn’t already used. If you use an existing registered trademark, you could be in legal hot water, and face potential lawsuits. A comprehensive trademark search serves a dual purpose. On the one hand, it ensures that you are not infringing on an existing registered trademark, protecting you from possible legal implications. On the other hand, it verifies that your trademark is unique and distinctive, which is a prerequisite for successful trademark registration.

In addition, prior to filing a trademark with the USPTO, you must certify that you have a good-faith belief that no other entity has a right to use the mark that you want to register for the goods and services that you seek to associate with your mark. A search satisfies this requirement.

A Brief Guide to Navigating USPTO Trademark Search

A trademark search involves search a variety of databases including the USPTO’s Trademark Electronic Search System (TESS). This search should be broad enough to check for similar registered and unregistered trademarks. While we generally recommend that clients engage a professional search firm, for those clients looking to spend less by doing some work themselves, we provide detailed instructions to our clients on how to conduct a proper search, and how to analyze the results of that search.

Navigating the Challenges of a Trademark Search

The search process can be complex due to various factors, including similar sounding, appearing, or meaning terms. To help navigate these challenges, consider hiring a trademark professional or attorney.

Delving Deeper into Trademark Search

When it comes to trademark registration, conducting a comprehensive trademark search holds paramount importance. Whether you’re seeking to trademark a name or a logo, a meticulous search ensures your trademark is unique and devoid of any infringement on existing registered trademarks. For example, most search firms will provide a detailed search report of any marks that are found on TESS or other databases.

Utilising TESS for Trademark Search

The Trademark Electronic Search System (TESS) is a tool provided by the USPTO that allows users to search its database of registered trademarks. TESS can be used to search for registered trademarks, as well as those that are pending approval.

When using TESS, you should be as comprehensive as possible. This includes searching for variations in spelling, phonetic similarities, and even foreign equivalents. Remember, a trademark can be deemed too similar not just in appearance but also in sound or meaning.

In addition, TESS will not catch marks that are registered in the states and territories of the United States, and, of course, will not catch common law marks at all.

Understanding the Trademark Search Report

Once you’ve conducted your search, you’ll need to review the results. The goal here is to identify any potential conflicts with your intended trademark. If you find a similar trademark, consider seeking registration of a different trademark or speaking with your trademark attorney to determine if you have a reasonable chance of obtaining a registration.

Filing a Trademark Application: The Essential Steps

Trademarking a brand element is a process you can take your time with; it demands a meticulous approach. To help you with this, we’ve laid out the essential steps for filing a trademark. It’s worth noting that our law firm, The Law Offices of Konrad Sherinian, LLC, offers expert services for each of these steps, ensuring you secure your trademark without any hiccups.

Identify Your Trademark

The first step is identifying the element you want to trademark. This could be your business name, logo, or any other brand element that distinguishes your goods or services from others.

Conduct a Comprehensive Trademark Search

As discussed earlier, a comprehensive trademark search is crucial to ensure you’re not infringing on an existing registered trademark. At The Law Offices of Konrad Sherinian, LLC, we can assist you in conducting a comprehensive trademark search.

Prepare and File a Trademark Application

Once you’ve confirmed the availability of your intended trademark, it’s time to prepare and file your trademark application with the USPTO.

Our team at The Law Offices of Konrad Sherinian, LLC can help you navigate through this process, ensuring all necessary details are accurately provided.

Monitor Your Application Status

After applying, it’s essential to monitor its status regularly. We offer services to keep track of your application’s progress and respond to any requests or office actions from the USPTO.

Maintain Your Trademark

Once your trademark is registered, it’s crucial to maintain it. This includes renewing it periodically and monitoring for potential infringements. At The Law Offices of Konrad Sherinian, LLC, we provide ongoing services to ensure your trademark stays protected.

Conclusion

Filing a trademark can be a complex process, but with the right guidance, it becomes a structured journey. The Law Offices of Konrad Sherinian, LLC takes pride in offering specialized trademark services, from conducting comprehensive trademark searches to providing assistance in trademark maintenance. Our mission is to ensure your brand stands unique, distinguished, and legally safeguarded.

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If you have questions about the selection, registration, protection, or enforcement of your mark, talk to us. We offer experienced advice on the availability, registration, use, and enforcement of trademarks.

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Trademark FAQs

Here’s a list of the most frequently asked questions about trademarks. Open each to see our pages dedicated to that topic.

trademark?

A trademark is a distinctive sign, logo, or other symbol that identifies a business, its products, or its services.

How do I trademark a name or logo?

You can trademark a name or logo by applying to a trademark office, conducting a thorough search, and filing an application.

What is the USPTO?

The US Patent and Trademark Office (USPTO) is the federal agency responsible for granting patents and registering trademarks.

Why is a trademark search necessary?

A trademark search ensures your intended trademark is not already in use, thereby preventing potential legal conflicts.

What challenges might I face during a trademark search?

You may need help identifying similar sounding, appearing, or meaning trademarks. Hiring a trademark professional can help navigate these challenges.

What Kinds of Things Can I Trademark?

You can trademark more than your company’s logo. A trademark attorney in Chicago, IL can help you decide what items you can and should register as a trademark. For example, your lawyer may advise you to trademark a slogan or catchphrase. 

See our page on trademarks for a more detailed answer.

Do I need trademark or copyright protection?

It might be difficult to understand whether or not you need to register a trademark or a copyright. Both are a type of intellectual property and can protect the rights to your creation or idea.

A copyright is a type of protection for an author’s “original works of authorship”. This could include music, art, screenplays, literary works, and so forth. Copyright does not protect intellectual property such as a slogan, name, title, or short phrase – those are definitely best protected by a trademark.

In some cases, such as a symbol, design, lettering, coloring, or typography, both a copyright and a trademark can provide protection.

A trademark offers the protection of a word, phrase, symbol, design or a combination of these.

It is possible that a logo be protected by copyright and trademark, but this will be dependent upon the amount of originality within the logo. In general the more ornate a logo is, and the more creativity it has, the better chance that it could be protected by both types of intellectual property.

If you have written a novel and are getting ready to publish it, you will likely want to pursue a copyright registration.

Do I need a trademark or patent?

There are many misconceptions concerning patents and a company’s trademark. Simply put, a patent is there to protect a new invention, while a trademark protects the specific branding that goes into promoting that new invention. For example, a patent could be for a specific type of sneaker, and the trademark is how that company markets it.

How much does it cost to hire a trademark attorney?

We offer personalized fixed fee services for Federal trademarks. Reach out to us for a quote based on your specific requirements and to know the average cost for trademark attorney.

What is the average cost of a trademark infringement lawsuit?

Trademark infringement lawsuits can be costly, varying depending on the complexity of the case. Proactively securing your trademark helps minimize the risk of such lawsuits.

How much does it cost to trademark something?

The cost of trademark registration depends on various factors. Contact our law firm for a comprehensive breakdown of the fees involved and trademark price.

What are the filing fees for a trademark application?

Filing fees for a trademark application include USPTO fees for filing your trademarks, examination fees associated with your examining attorney, and maintenance fees. We'll guide you through the fee structure and help you understand the costs.

Why should I hire a trademark attorney?

A trademark attorney ensures that your brand is legally protected and maximizes its value. They save you time, effort, and potential legal costs in the long run.

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Experienced Trademark Attorneys

With decades of experience in trademark law, we have helped scores of companies protect their brands. Our team of skilled trademark lawyers and paralegals regularly prepare and prosecute state and federal trademark applications. Throughout the years, we have built an impressive network of other legal professionals outside the state and country, who are able to assist us in international trademark matters. It’s hard to find the experience Sherinian Law brings to the table.