Quick Answer: Why Should You Trademark Your Logo?

What is well known trademark?

Recognition Rule defines a “well-known trademark” as a trademark that is “widely known to the pertinent general public and enjoys a relatively high reputation.” The rule further clarifies “pertinent general public” to mean consumers, manufacturing operations, and persons involved in the sales, of the goods or services ….

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Is Apple trademarked or copyrighted?

The design of the iPhone or Mac from Apple is copyrighted, but the Apple logo, font, colors, etc are trademarked.

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What are the features of trademark?

A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

What are the 3 types of trademarks?

There are three different types of trademarks that can be registered:A word or design mark. … A certification mark. … A distinguishing guise.

How do I know if my logo is real?

The Four Steps To Peace: Finding Out If My Logo Is Already TakenStep #1: Search Your Industry For Similar Logos. … Step #2: Do a Reverse Image Search of Your New Logo on Google. … Step #3: Search The US Patent Office For Similar Logos. … Step #4: Consult an Attorney To See If Your Logo Is Already Taken.

What are the advantages of a trademark?

Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration.

What can and Cannot be patented?

A patent cannot protect an idea. Instead, the idea must be embodied in one or more of the following: A process or method (such as a new way to manufacture concrete) … A manufactured article (such as a tool or another object that accomplishes a result with few or no moving parts, such as a pencil)

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Should I trademark my business?

Registering your business name for a trademark isn’t required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

If a trademark is registered with the United States Trademark Office, then you can use the ® symbol. If the mark is not registered, then you should use the TM or SM symbols. The TM symbol can be used for any mark whether in use on goods and/or services.

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

While copyright protects your work authorship, a trademark protect all the details so no one else can use it. Trademark protects details like: mark, name, font, colors. If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans.

What is the purpose of a trademark symbol?

The symbol TM is used to provide notice of a claim of common-law rights in a trademark. A TM usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark.