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What Is A Trademark?

What Is A Trademark?

A trademark is an identifying word, phrase, symbol, or design, which identifies and distinguishes the source of the goods. Common law trademarks arise in the course of business and are used in interstate commerce. A trademark may be entitled to protection if it is distinctive enough that consumers recognize it as an indication of the source of goods. State registration is appropriate when a mark has been used over a substantial period of time but there is no likelihood that it will become generic. Federal registration is appropriate when there is nationwide recognition of a mark or where the parties have to use federal courts because more than one state’s

Definition of a Trademark

A trademark is any word, symbol, or name that can uniquely identify goods or services. Trademark rights are acquired through use in commerce and are typically applied to items.

Why Register a Trademark?

Registering a trademark can help prevent other companies from using your brand name. If you have a logo or slogan, the trademark acts as a way of branding your products.

What Does it Cost?

The cost depends on what needs to be trademarked, the number of international classes, and so on. Check out our Trademark Shop for more information.

How to File for a Trademark

A trademark is the name, symbol, slogan, or other device that distinguishes your goods from those produced by another company. To file for a trademark, you need to first use it in commerce–or sell a product with it. You can’t register for a trademark if you don’t have a logo and some form of marketing plan. Once you have done this and created your mark, you can take out an application.

What Can You Trademark?

In the United States, you can trademark a name, a slogan, design, logo, or any other type of symbol. You cannot use trademarks to protect the function or form of an item. For example, you can trademark your car logo but not the shape of your car. The strength of a trademark depends on how distinctive it is. If your proposed trademark is similar to a previously registered trademark already in use in the USPTO database, then it will be difficult for you to claim exclusive rights to that mark.

The Difference Between Brands, Products, and Services

Trademarks are one of the best ways to protect a company’s identity. They can be used for brands, products, and services. Brands refer to the logo and name that identify a company or product. Products are associated with specific goods or services that they offer. Services refers to things a company can provide. The difference between all three is that trademarks can only be registered, while brands and products are often copyrighted as well.

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