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Trademark is essential

Posted by Legal Champ

What is a Trademark?

A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization forever, as long as it remains in use and proper paperwork and fees are paid.

Unlike patents, which are granted for a period of 20 years, trademarks never end. Companies need to apply for them and receive ownership confirmation with the respective Patent and Trademark Office to claim protection from copycats.

Over time, trademarks become synonymous with a company name so that you don’t even need to see the name to recognize a particular business. Think of the apple shape with the bite taken out that Apple uses as its logo, the swoosh logo that Nike features on all of its products, or the golden arches McDonald’s registered decades ago.

We so quickly associate symbols and words with companies, and their brands are one of the most significant advantages of their use. When customers see a familiar logo or phrase, they have instant recognition, which can drive preference and, ultimately, sales.

Signs of a Trademark

To indicate that a trademark has been claimed, companies use one of three symbols:
- Using the trademark symbol after a logo or phrase alerts competitors that you have claimed this symbol or word as your own.
® - Only trademarks that the Trademark Office has officially granted can use the ® symbol, which stands for a registered trademark.
- Companies that sell services, not products, have the option to use the service mark logo, but most use the ™ instead for simplicity.

Protecting a Trademark

Although a trademark is issued for the life of a company or product, businesses do need to guard against phrases becoming generic. This typically happens over time when people use a company’s product name to mean all products or processes like it. Think Xerox for photocopying. To continue to claim that trademark, those companies need to notify people who misuse the term to stop.

Benefits of Registration

Once a trademark has been granted, the owner receives three key benefits:

  • A notice of claim to any other businesses thinking of using the same symbol or word as its trademark
  • A legal presumption of ownership, which can help fend off would-be users
  • The exclusive right to use the claimed trademark

Filing a Trademark Application
The process of filing for trademark registration is fairly simple. It can be done online through the Trademark Application System.