What makes a good trademark?
The most important factor is that your trademark be distinctive so that it is protectable and registerable. A trademark that is inherently distinctive also helps to distinguish the mark in the marketplace with consumers. Marks that are short and easy to read, spell, and pronounce are best.
What is the strongest trademark?
The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.
How do you avoid trademarks?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
- Enlist help.
- Consider general liability insurance.
- Register your trademark.
- Document your findings.
What happens if you violate a trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
What is the test for trademark infringement?
The Lapp Test is the standard used to determine whether a likelihood of confusion exists between two trademarks. Under the Lanham Act, liability for trademark infringement is essentially based on a finding that the use of one trademark causes a likelihood of confusion with another previously established trademark.
Is a trademark valid worldwide?
India and the Madrid Protocol In 2013, India assented to becoming a member of this international treaty for trademarks. While filing to the Madrid protocol is done through the Indian trademarks office, it has allowance on domestic companies to protect their mark across multiple jurisdictions of their choice.
Is a logo a trademark?
By common law, a logo is trademarked as soon as it’s used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it’s relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.
Do trademarks work internationally?
No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought. As of April 2014, U.S. applicants can concurrently seek protection in up to 92 countries.
How do you protect yourself from a trademark infringement?
The 5 Things You Must Do to Protect Your Trademark
- Do Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark.
- Prepare and File a Trademark Application.
- Respond Promptly to Office Actions or Oppositions.
- Monitor Your Trademark.
- Maintain Your Trademark.
What is the difference of TM and R in the lesson trademark?
The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.
How do I register a brand trademark?
Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of the trademark must be made in the prescribed manner along with the supporting documents and filed with the prescribed government fee for TM registration.
How do you cite a trademark?
Citing a registered trademark is done by including the year of issuing the patent, the name(s) of the inventor(s), and the title of the patent.
How do I get an international trademark?
You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.
What Cannot be protected under trademark law?
The USPTO has guidelines on which marks cannot obtain registration. First and foremost, the USPTO will not grant trademark protections to any mark that may be confusingly similar to a mark already in use. In addition, generic or descriptive words will not be given trademark protection.
How much is a worldwide trademark?
The fee is $100 per class of goods or services if the application is based on a single U.S. application or registration. This fee could change, so check with the USPTO for the most recent fees.
What is the example of arbitrary trademark?
An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples.
Can you use the TM symbol without registering?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.