Trademarks411 - Important Things You Need to Know About Trademarks

At the outset, it becomes important to know what a trademark is. Take a scenario where you have designed a particular product. How do you let competitors and everyone else know that the product is your design and belongs to you? How do you prevent others from copying your idea and ensuring that they do not make their millions on your brainwave? A simple way is to use a trademark.

A trademark is a symbol or sign that an individual or an organization uses to identify products and services that it has developed as its own. Basically, it assigns ownership rights to you for specific products and services you have developed. A trademark is something that an individual or organization uses to identify specific products or services as their own. You may register your trademark with the US Patents and Trademarks Office (USPTO). If your trademark is registered, you are allowed to use the ® sign. Otherwise, you can use the TM or the SM sign.

Legal Issues Involving Trademarks

However, your right over the trademarked product is valid regardless of whether you register it or not. Owning a trademark gives you the right to start legal proceedings against anyone who uses your trademarked product or service without prior permission. A person who uses your trademarked product or service without prior permission is said to be infringing on the product. This is a recognized offense, and is called trademark infringement.

Enter the Trademark Attorney

So whom would you turn to for help if you want to initiate legal proceedings against someone who is using your trademarked product or service without prior permission from you? This is where the trademark attorney can make a big difference. A trademark attorney is basically a lawyer who deals with all legal aspects of trademarks. Trademark infringements happen to be one of the things they deal with. Just as criminal lawyers specialize in criminal law, trademark attorneys specialize in the field of trademarks.

In USA, lawyers do not have to undergo any specialized training to be trademark attorneys. This is not the case in Commonwealth countries like the UK, New Zealand, Australia, etc. In these countries you must clear certain exams and be duly qualified to practice trademark law.

Applying for a Trademark

How do you apply for a trademark? Does it involve a convoluted process? To apply for a trademark, you must first fill up an application form. The application form must contain the name of the individual or organization filing for the trademark. Besides, it should also contain a legitimate address to which the USPTO can forward any correspondence and a proper drawing of the mark. Other things the application must mandatorily have are the listing of the product or service you wish to trademark and also the filing fee.

You can get the application at the website of the USPTO. You can make use of the Trademark Electronic Application System (TEAS) to file your application with the USPTO. If you do not want to file the application online, you can get a printed form from the USPTO and mail it to the organization after filling it up.

While the USPTO encourages online filling of the application form and even sending it by mail, it does not encourage facsimiles of the application form.

Some Facts about Trademarks

Here are some more interesting yet relevant facts about trademarks. You do not necessarily have to be an American citizen to apply for a trademark with the USPTO. However, in case you are not an American citizen, in your application form you need to mention the country whose citizenship you hold. It may be that you hold dual citizenship. In such a scenario you must specify which country's citizenship you wish to be displayed on the official gazette as well as the registration certificate.

Even if you have your trademark registered federally, the validity is only inside the USA. In case you have a trademark issued by the USPTO, you can get registration for the same with the trademark organization of any country that is part of the Madrid Protocol. You can do this by filling an application called the 'international application'. You have to submit this application to USPTO, which will forward it to the International Bureau of the World Property Intellectual Organization.

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Trademarks411 | Trademark A Logo Design In The United States Of America

The value of a trademark can not be brushed aside as it serves in the best interest of your business. Providing your brand a legal protection locally and internationally depending on the where it is filed, it gives the brand the right to attack ( sue) when infringements occurs. 

Any word, phrase, design, logo, sound or representation attaching your product to your business constitutes a trademark. What is a logo? Should it be filed locally or federally? What will it cost to trademark a logo design in the United States of America? How long does trademarking your logo take? What are some reasons why some brands decide against trademarking their logos?

What a logo is

This includes all designs used in every visual aid identifying your brand to the product describes a logo. Some popular logos include the swoosh mark used by Nike, apple logo for Apple amongst others. Some logos include names of the companies such as Samsung.

Where should you file your trademark your logo design?

The choice depends largely on you and the coverage of your brand. Filing your trademark locally in a state is a easier process compared to filing it federally. Although, it is cheaper than filing federally, its protection is limited and doesn't extend out of the state.

Trademarking your logo design federally increases your protection in a many ways. It allows the registration of your logo internationally, enabling your to receive cash for the damages done when your trademark has been infringed. Your business enjoys 'prima facie' when a dispute arises, this means no further proof of ownership is required from you in a court. You can file a lawsuit in any federal court when you register this way and you become listed online in the records of the United States Patent and Trademark Office (USPTO).

Cost of trademarking a logo in the United States of America

The class which your product or service falls determines the prices. If the prices falls in more than one class the price gets higher. The electronic filing has its initial mark set at $225 for the first option, $275 and $400 for the second and third options respectively. The total cost can get as high as $600 and above depending on the options you choose and the additional fees attached to it.

How long does it take to trademark your logo

In normal circumstances, the process spans between 6-9 months and up to 3 years in complex situations. You will receive a serial number after six months of your initial filing to track your application status.

Trademarks411 is an online website that features web based do it yourself trademark filing software that helps businesses protect, monitor and file their own trademarks with the United States patent and trademark office.

Why some brands decide against trademarking their logos

Not all brands trademark their logos. There are different reasons why this happens

l  Common law trademark

This is used locally. When a logo is associated with a commercial entity, it becomes protected. The owners of some brands know is fact and claim their logo by using the "TM" symbol.

l  Cost

Registering the business name and logo might not be affordable to every brand. In such situations, it is best to register the business name. A small business may also decide against registering the business logo for easy change when the need for expansion arises.

Trademarks411 | What Are the Benefits of Trademarks Registration?

The notion and value of business brands has exploded in the 20th century. It is now said that a famous soft drink and computer software brand are valued in excess of $65 billion, with the brand of one particular search engine on the internet estimated to be worth around $100 billion.

Promoting and protecting your business's brand at an early stage is vitally important to the future growth and prosperity of your business. Intellectual property is a crucial method of creating and protecting the rights to a brand.

In particular, registering your trade mark is the principal way of securing your brand rights in a logo or name.

If you have a promising idea for a brand and begin to trade with it prior to registering it as a trademarks411, you are putting yourself at risk of using a name that somebody else will register. If subsequent business owners are not aware of your existence, because you have not registered your brand name, then they may assume the name is available to register as a trade mark, and proceed to register it. This means you put yourself in a fragile position. Also third parties seeking to free ride on the reputation of a business you have worked so hard to create will be better able to do so.

Registering a trademarks411 gives you exclusive rights over your brand and is an important tool to capture the value of your goodwill. It can have the effect of acting as a deterrent against infringement simply by being on a public record.