What is a TrademarkA trademark can be a word, phrase, logo, symbol or any of the elements combined. It is a unique mark that distinguishes your products or services from all the others out there. A trademark helps customers distinguish which products are associated with you and puts your reputation on those said products. A trademark must be unique in itself. The slightest similarities between any other trademarks will disqualify your trademark from use and you could also face trademark infringement charges. So when creating your mark do some research and be creative. You want your trademark to stand out in order to work properly. If your trademark is used to for products than you most likely have all your products embossed with this mark. It is your brand, and no one else's. If used for a service, then your trademark is your logo which is used on all your advertising including your website, business letters, and business cards. If you do have a trademark it is best to use it with everything. Post it with anything related to your company, brand your product, embed it in your business emails, and anything else possible. When you put your trademark out there you are branding your company. People will start to recognize the symbol and automatically think of your products or service. And that is one of the greatest recognitions in business you can have. There are two different rights associated with using trademarks. These are the right to register and the right to use. Registering your trademark is not required in order for you to use your trademark, though there are certain benefits. Trademark rights are gained by either the first person to use that distinguished mark in the marketplace or the first to file an application for use of the mark. When you register a trademark you are able to file cases against people and parties that infringe your trademark. You are registered with the United States Patent and Trademark Office and gain any legal rights associated with trademark law. As long as a trademark is in use to identify products or services the rights on that trademark can last indefinitely. Of course to qualify for the continued use of the trademark you must pay the additional fees and file another affidavit at certain specified term years. You also have the choice of registering your trademark federally. Without registering your mark federally your mark is only protected in the United States. That means you will not have any protection against foreign countries that infringe your mark. By applying for a federal trademark, once approved you are able to use your trademark worldwide and will be protected. All in all a trademark is a great asset to use for your business. It can be the difference in establishing an identity and staying in the game. To be permanent you have to be known. And that is what a trademark can do for you if used properly. | |
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