Your brand is represented in the marketplace via a trademark. Logos, phrases, and company or product names are frequently registered trademarks. Products with distinctive packaging, colors, and sounds may also be protected as trademarks. Generic or descriptive phrases and anything that can be confusingly similar to an existing mark are not permitted by the USPTO to be registered. Different intellectual property protections are required for works of authorship and inventions.
What is a Trademark?
A trademark makes it easier for customers to recognize your company as a good or service provider. A strong federal trademark works to build brand recognition and is an effective marketing tool. Your trademark will aid consumers in recognizing your goods or services in the marketplace as you set your company apart from competitors in your field, enabling you to develop and grow your company.
Since the United States is a first-to-use country, utilizing the mark in commerce gives you some trademark protection. Unfortunately, the scope of these protections is very narrow. These unregistered “common law” trademark rights, for instance, may only give your brand protection in the constrained region where your company is based. If a mark like yours is already in use, expanding into other markets may provide difficulties. Furthermore, establishing common law trademark rights in a formal court process is more challenging. You should file a trademark application with the USPTO to receive complete protection and the presumption of validity in each of the 50 states.
What Can Become a Registered Trademark?
Consider a few of your preferred brands and how well-known they are in the industry. Do they have a catchy company name? Maybe you’re drawn to their logo. In a mall or airport food court, you might even detect the distinctive scent of your favorite dessert. Yes, each of these instances and others can be registered as trademarks. The following are currently eligible for trademark applications with the USPTO:
- Words
- Logos
- Slogans
- Color schemes
- Smells
- Sounds
It’s vital to remember that most companies often require several trademark registrations to safeguard their names. Most business owners start by registering their company name as a trademark, which is a fantastic place to start. However, it would help if you didn’t forget other potential weird or eccentric trademarks, such as your logo, tagline, or color scheme. Each will require a separate registration. To establish which facets of your company should be considered for trademark registration, think about dealing with an experienced trademark attorney.
What Cannot Become a Registered Trademark?
There are rules set forth by the USPTO regarding which marks cannot be registered. First and foremost, any mark that might be confusingly similar to an already-used mark will not be granted trademark protection by the USPTO. To be sure your mark is not already in use, conduct a thorough trademark search before submitting a trademark application.
Additionally, general or descriptive words won’t be protected as trademarks. Since it is impossible to prevent others from calling a toy “fun,” the USPTO will never authorize a toy with the name “Fun Toy.” Surnames are regarded as descriptive, so while it is feasible to trademark one, the process is significantly more difficult. It may require years of supporting evidence to demonstrate that the name accurately describes your company. Obscene words and symbols have not before received USPTO approval. However, the prohibition on trademarking “immoral” or “scandalous” terms or symbols was repealed in a Supreme Court decision in June 2019.
Different types of intellectual property protection could be necessary for some elements of your company. For instance, a USPTO-issued patent is required to protect inventions from infringement. On the other hand, authorship-based works must be registered with the US Copyright Office. Novels, songs, works of art, and even computer codes are subject to copyright laws. Decide how to safeguard your brand’s intellectual property with your lawyer’s help.
Trademark Basics
A strong trademark is essential to the success of your brand. It will improve brand awareness, encourage customer loyalty, and offer important legal safeguards against infringement. Think about the components of your company that best express your distinctive brand. As long as you can show how non-generic words, logos, slogans, colors, fragrances, and sounds reflect your company, you can register them with the USPTO. Inventions and literary works should be safeguarded through patents or copyrights instead of becoming registered trademarks. Always consult an experienced lawyer to decide which components of your company should be safeguarded and how to do so.