When it comes to protecting their intangible assets, businesses today turn to trademarks and trade names. Trademarks are not owned by the business; instead, they are assets owned by the trademark owner. A trademark is an abstract type of intellectual property comprised of an identifiable sign, symbol, or phrase that identifies specific goods or services of an original source from those of Others, but trademarks normally used to label services are often referred to as service marks. Here we’ll discuss the importance of these tools for protecting your business and why it’s important to protect all forms of your intellectual property.
Unlike trademarks; which are filed with the United States Patent and Trademark Office (USPTO), trade names are generally created by companies or organisations in another country and are not protected by the USPTO. This makes them much harder to protect. Trademarks on domain names, websites, press releases, and logos are some of the more common ways in which businesses attempt to protect their brand names with registered marks. Unfortunately, without a USPTO filing, a trademark registration with the Trademark Office is not effective. Traces of domain names and slogans are sometimes found on the internet, but this is not considered a wise move for protecting your business because cyberspace is filled with illegal websites and scams.
To protect their brand names; most businesses register both a federal and state trademark license with the USPTO. Once granted, these exclusive rights remain in place for the life of the registration. However, they do not become a binding legal restriction on the use of the mark. For example, a trademark application may be granted, but the trademark office might reject it based on improper submission. If the business decides to renew the registration, they may have to amend the trademark to correct any error or omissions. They also must disclose to the trademark office any changes they make to their business or brand name.
There are two types of TRADE Marks available – standard characters and special characters. A trademark license is only granted when the application includes one or both standard characters. If they include more than one standard character, the trademark will be considered a specialty mark rather than a trademark. A specialized character trademark is different from a standard character trademark because they must meet the specific requirements set forth in the Uniform Trademark Classification Act.
While the USPTO does not require a waiting period before applying for TRADEMark;, if you decide to register the mark with the Trademark Office prior to submitting your application, you must make sure that the waiting period has passed. If no one else has registered the mark within three months, the applicant must go back to the Trademark Office and reapply. Also, if the application includes more than one standard character, the trademark must be filed separately with the Trademark Office before they will grant the application.
When looking for TRADEMarks; it is important to understand that there are specific laws governing them. They must be filed with the appropriate United States Patent and Trademark Office and they cannot be filed for a limited time period. The applicant must file their application in the prescribed manner, including title page and an authorized signature, all of which must make clear that the mark is legally registered with the United States Patent and Trademark Office. Furthermore, it is important that the trademark apply exclusively to the goods, services, and generic term or idea and that it does not dilute the others. For example, a domain name cannot contain more than one word, even a misspelling, which is allowed by some other countries’ laws.