What are Trademarks
Learn the Basics
Trademarks and copyrights are forms of intellectual property protection for creative works and distinctive symbols, words, or designs used to identify a product or service. Individuals and businesses are eligible to file for trademarks and copyrights to protect their original creations from unauthorized use. These protections are an essential part of the legal framework that allows creators to benefit from their own labor and encourages innovation and progress in a variety of industries. Without such protections, it would be difficult for artists, writers, and other creators to support themselves financially and continue producing their work. By protecting their original creations, individuals and businesses can ensure that their hard work is not exploited without their consent.
What can be trademarked?
What can be trademarked?
A trademark can be any word, phrase, symbol, design, or combination thereof that is used to identify and distinguish goods or services from others. Most people think of a trademark as a name, but you can also trademark your logo, or a unique design that signifies your business or even yourself – think of the “artist formerly known as Prince”.
How do I obtain a trademark?
Filing a trademark involves several steps. First, it’s important to conduct a thorough search to ensure your mark is unique. Next, you’ll submit a trademark application to the appropriate USPTO. Finally, it’s crucial to closely monitor and enforce your trademark to protect your rights and prevent any infringement.
What Can and Cannot be Trademarked
What is Trademarkable?
Under trademark law, a word, phrase, symbol, color, design, and even a smell can be trademarked if it is used to identify and distinguish a specific product or service in the marketplace. You have to additionally demonstrate to the US Patent and Trade Office (USPTO) that your trademark has been in use in commerce before you can apply for trademark protection.
What is Not Trademarkable?
Names, logos, or phrases that are too generic or descriptive, or are misleading or offensive, cannot be trademarked. For instance if you had a law firm and wanted to call it St. Louis Lawyers, and your business was located in, or served St. Louis, it would be deemed descriptive in nature, and therefore not trademarkable. However, if you wanted to open up a business in New York City with that name, it is likely trademarkable.
How do you obtain a trademark?
Trademark Search
The first step in the trademark process is to perform a trademark search in the proposed use class that you want your trademark to be protected. If nothing is found, or similar to your logo or name, then you can proceed to trademark apply for a trademark.
Apply for a Trademark
Here you have to fill out an application for a trademark, which is done online. Then you have to submit a sample of what you want to be trademarked to the USPTO, and then you have to submit your filing fee, which is based on the class you want protection in, along with your business size.
Approved or Denied
After a period of time, you will receive notice whether your application is approved or declined. If you are approved, you will have to maintain your trademark, if you want it protected. If you are denied, you will be able to make changes to your trademark application and resubmit.
