Trademark Protection and Its Benefits

The word trademark may look familiar, but only few people truly understand what the concepts entails.  Trademark protection is also one of the aspects that a plethora of entrepreneurs ignore when they venture into commercial activities. The benefits of understanding trademark protection cannot be over-emphasized.

 Did you know that the following are legally protected? Consumers may use them generically, but their competitors cannot use them. They include: Vaseline, Walkman, Xerox, Aspirin, Cellophane, Photoshop, Jeep, Jacuzzi and lots of others. These entities understand trademark, and have been continuously enjoying its benefits.

Trademarks411 is a software assisted web site that helps businesses protect their trademarks by applying for trademarks with the U.S. government.

A trademark is any sign, design or expression which identifies a particular product or service, and therefore differentiates it from other similar commodities. A trademark is usually located on a package, label, or on the product itself. Legal trademark use started in the year 1226, in England. At that time all bakers were required to use a distinctive mark for the bread they sold.

Once a mark is registered, other producers cannot make use of such marks to market their products. If they do, the owner of the registered trademark may pursue legal action against trademark infringement. Trademarks can also be licensed to others to use if the owner of the trademark so wishes.

When a business entity registers its trademark, it automatically prevents other businesses from using such mark; especially businesses producing similar commodities. If another business uses a mark similar to a registered trademark, the owner of the registered trademark can take legal actions against such business. A good example is the case of Zara. A fashion company finds out a restaurant in India is using its registered trademark (Zara); although, they do not offer the same services, the court ordered the restaurant to change its name.

Registering your trademarks has other numerous benefits, which include:

·        The trademark gives the proprietor the exclusive right to use the mark.

·        A registered trademark can serve as a security to obtain loans.

·        A trademark can be licensed to other entities for profit.

·        A registered trademark can be used as a basis to obtain registration in some foreign countries, facilitating protection of the brand worldwide as the business expands.

·        Trademark also helps customers recognize a particular product, and hence increase turnover for such product.

Below are the four categories of trademarks:

1.     Generic:  a generic mark does not qualify for a trademark. Entrepreneurs also have to be careful not to use generic terms as they won’t be registered. An example of generic term is – the cloth seller.

2.     Descriptive: this is a term that describes the nature of the goods and services.

3.     Suggestive: a term that makes an implication about the commodity without describing anything. Example is greyhound (vehicle).

4.     Arbitrary or fanciful: a fanciful mark is a mark that the owner creates for the sole aim of marketing his product.  Example is Nike , Xerox etc.

Learn More:

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https://www.bbb.org/santa-barbara/business-reviews/trademark-consultant/trademarks-411-in-santa-barbara-ca-92010207
https://www.trustpilot.com/review/trademarks411.com
https://www.prnewswire.com/news-releases/trademarks411-releases-trademark-search-and-filing-ios-and-android-mobile-application-300540265.html
https://www.manta.com/c/mhc91d6/trademarks411

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