blog post

TRADEMARK

Basic understanding
A trademark is a sign capable of differentiating the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to differentiate them from the goods of others.  A service mark is the same as a trademark except that it identifies and differentiatees the source of a service rather than a product. 

A good example of a service mark is the McDonald’s “Golden Arches”.  The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office.

Benefits of Trademark registration

  • Customers to differentiate products or services
  •  Seen as a guarantee of consistent quality
  •  Easiness in marketing and advertising abroad
  • Legal action against infringement and passing off
  • Building value:  Because of the above, potential investors will always be interested in whether a business has trademarked its name, key products or services. Trademark registration not only increases security, but also aids clarity in any merger or franchising of the business, positively impacting its perceived value.
  • Protection:  It is important to ensure that your business is appropriately protected against competition. Unauthorized parties who use your trademark without authorization can damage your brand, your reputation and your business, but they are often in a legally weak position and can be prevented from causing damage relatively easily. By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses to imitate you.
  • Discourages others from using confusingly similar marks in the first place by making the mark easy to find in a trademark availability search, thereby preventing problems before they even begin
  • Protects against registration of confusingly similar marks, as the Trademark Office has a duty to cite prior registrations against applications for confusingly similar marks and to refuse to register such marks, thereby enlisting the power of the US Government in helping to prevent infringement at no additional cost to you
  • Treats the mark as if used nationwide as of the application date, which is vital in a system in which first use wins-otherwise, your rights are limited to the geographic area of use or reputation of the mark, potentially allowing others to use the same mark in another geographic area and leading to inevitable confusion when one or both parties expands
  • Grants the right to use the ® symbol when the mark is used for the goods and services listed in the registration (unregistered marks may be designated by a superscript “TM”), giving your products more marketing cachet and putting competitors on notice that you are serious about protecting your rights
  • Entitles you to certain statutory damages in the case of counterfeiting, relieving you from having to demonstrate actual damages in order to receive a monetary award
  • Provides a basis for foreign registrations, facilitating protection of your marks worldwide as business expands

PROCESS CHART FOR TRADEMARK

Basic search report

Application

Examination report

Reply of examination report

Hearing

Publish in Trademark Journal for 90 days.

If there is no any objection than you will get “R” (Registered)