US Patent and Trademark Office definition, trademark or service mark means: any word, name, symbol, device or combination used or intended to identify and distinguish goods/services sold/provided by one seller/provider from those offered by others, while also signalling their source." A trademark refers to either your business name or emblem; having one that stands out among your competition helps customers easily identify your business among all others.
Does trademark equal trade name?
Not quite. A "trade name" simply refers to the name you use to identify your company; it provides no legal protection nor limitless usage rights; simply being used is enough. Trademark Registration names can only be registered at state levels; therefore a specific name might only be available in one or more of them; to learn more, read about using DBA.
Trademark and Patent Its A patent, according to the United States Patent and Trademark Office website, is "an exclusive right granted by the Government of the United States of America to an inventor to prohibit others from making, using, offering for sale or selling his invention throughout the US for an indefinite time period in exchange for public disclosure when the patent is issued".
An inventor must file their patent application with the United States Patent and Trademark Office within one year from when their invention first made public, either via printed publication, public use, or sale to ensure their rights to a United States patent are preserved. Maintenance fees should be paid every 3 1/2, 7 1/2 and 11 1/2 years thereafter until such time as their patent has been approved or cancelled.
As defined above, trademarks serve to distinguish and identify specific products or brands from others. While patents prevent others from producing and selling the product they protect with such rights to certain words, phrases or images used as indicators.
Register Your Trademark With The Federal Government
Before opening a business, trademark registration should be taken seriously as an essential factor. Here are six advantages associated with doing this.
1: Unregistered trademarks used in conjunction with selling goods or services may receive some legal protection; however, should someone copy your work without your knowledge, then proof will likely become difficult - particularly where an actionable claim of copycatting occurs.
Registering their trademark offers business owners additional protections, including presumed ownership and reduced proof requirements.
2: When you register your trademark, it ensures that it does not clash with any existing registered trademarks. Should any inadvertent infringement of another's trademark occur, legal fees and fines could apply, in addition to having any earnings produced using unregistered marks confiscated by their registered owners and given back.
Your company could also be required to pay damages to the registered mark owner, while any changes such as changing its name or logo could cost even more money in marketing materials and customers could become confused over its product/identity.
3: Registering the trademark gives your business an exclusive license to operate and market under it, thus protecting other similar companies' similar brands from being registered at a later time.
4: Your trademark could also give you legal recourse if someone infringes upon it. Once registered with U.S. Customs and Border Protection, recording it could ensure no counterfeit goods enter the country illegally.
5: By federally registering your trademark, the symbol (r) can be added after it to signify that it has been federally registered, further adding prestige and trustworthiness for your company.
6: As your company expands into new countries, its federal registration can serve as the foundation of foreign trademark filing.
When should I register my trademark or company name? As soon as possible for six reasons outlined above. Most entrepreneurs start the trademark search before even starting up their company; legal costs associated with having to change an infringed upon trademark may quickly add up should yours accidentally violate someone else's registration.