How to Register a Trademark: A Trademark Attorney’s Perspective

Generally, a trademark is defined as “a word, name, symbol or device that is implemented in the trade of goods to indicate the origin of the goods and to distinguish them from the goods of others”. A trademark is specific to products: A service mark is the distinctive word, name, symbol, or device used to identify specific services. However, the term ‘trademark’ is often used to refer to both trademarks and service marks, as they are essentially the same.

A trademark gives its owners the legal right to prevent other companies from using a trademark similar to yours. But trademarks cannot be used to prevent competing companies from producing or selling the same goods or services under a completely different trademark.

Registration of a trademark

Smart business owners often register their own trademarks with trademark officials to obtain a certified record of their rights to an individual trademark. When a trademark is registered, the owner gets the legal right, although subject to some conditions, to prevent other companies from using his trademark without permission.

One of the main objectives of any company is to maintain the good reputation of its goods and services. Owning a registered trademark can help in this process: it serves to inform potential infringers of your company’s intention to maintain its position in the market. If your trademark is properly protected and supported, it has the potential to be a valuable asset to your business.

Generally, a trademark is protected for a decade and can be renewed indefinitely.

The true value of trademarks

Every successful company has given careful thought to the visibility and profiling of their business.

The difference between a company name and a company’s trademark

The name of the company, trade or company is the name by which a company is identified. It is the name used for business registration, tax, financial reporting, and government deal purposes. A company or trade name does not contain any identifier other than the name itself.

Most company names are not eligible for trademark registration due to the confusing similarities between them. For a company name to be a registered trademark, it must be distinct enough to be recognized from other companies in the marketplace.

Your business name may be registered as a trademark, but only if it is used to signify specific goods or services.

An eligible trademark must:

  1. Distinguish the types of goods and services you advertise.
  2. Refrain from cheating or ignoring morals and the law.
  3. Be unique: it cannot be confused with other brands that identify the same products and services.

When you start a new business, you need to consider what to name it – what kind of name will attract customers? And, more importantly, will your trade name infringe on a competitor’s trademark?

If you are considering registering a trademark, you should undergo a thorough examination of current trademark registration, company name records, business records, domain registrations, and even phone books, to ensure that your business name does not infringe other registered names. . You might consider contacting an attorney or trademark attorney to assist you in your search – a professional can give you the peace of mind that you are not infringing on the rights of others.

Note that even an established business name or domain title does not mean that your name is automatically registered as a trademark. Acceptance of the registration is essential.

International trademark registration

Generally, an international trademark registration cannot be approved for you. Trademark registration is generally granted within individual regions. However, an intellectual property attorney or trademark attorney can provide you with specific trademark information – contact a professional today for more information on all of your trademark questions and inquiries.

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