Christine Mathias, Business and Estate Planning AttorneyHaving your federal trademark application approved is reason to celebrate. This is because registration affords you protection at the national level. Also, generally speaking, registered status can last indefinitely.
But, keep in mind that you need to take certain steps to maintain your registration or you could risk the mark falling into “dead” or “abandoned” status. That said, there are instances where you can successfully revive a dead trademark.
Deciding on a trademark is an important part of successful branding. Many companies then register the mark for protection at the federal level. Part of this process requires considering how the trademark should be classified.
Keep in mind that on your application you must select from one or more of the available categories, which are based on the goods or services you offer. The USTPO provides 45 classes to choose from and, once selected, your trademark protection is limited to that specific area. Further, if you select the incorrect class, your application may be denied.
Building a successful brand is an important part of ensuring the long-term financial health of your business. We now live in a digital age which means that taking advantage of e-commerce opportunities can help you thrive even if you run a more traditional brick-and-mortar company.
With that in mind, if you are new to the process, you may have some confusion about what the terms “trademark” and “domain name” mean. Because both can greatly benefit an organization, we will explore the differences and similarities between the two in this post.
Now, while a trademark and a domain name may overlap, they are not exactly the same thing. Simply put, a domain name is a web address, while a trademark refers to the company brand. Trademarks are how a consumer can identify your goods and services and distinguish you from your competitors. Moreover, these marks provide legal protections that prevent others from using the name.
Creating a trademark for your business is an important part of effectively marketing your products or services. It’s what sets you apart from your your competitors, and can be the difference between success and failure. For that reason, the law gives you the exclusive right to use this mark, whether it be a name, symbol, word or slogan.
Trademark laws are in place to help prevent confusion among consumers. This means that, in most cases, no one is permitted to use your brand name to market a product or service. Doing so could result in a potential customer being unsure where the product came from, and perhaps even purchasing the wrong item by mistake.
However, you should be aware that there is an important “fair use” defense to trademark infringement that may apply in your case.
Trademarks are one of the most valuable assets a business can own. They are a type of intellectual property that lets your customers know that a product or service is coming from you. In other words, a trademark is your brand. With that in mind, below is a brief overview that should help answer some common questions you may have.
Done correctly, trademarks are like diamonds – they last forever. But, this is only true if you register the mark at the federal level, and keep up with all of the necessary maintenance requirements.
Now, if you want to continue to have federal protection, you must use and renew the mark. The United States Patent and Trademark Office (USPTO) will send you renewal email reminders, so it’s important not to ignore these.
One of the first big decisions for any startup is picking a company name, logo, or slogan, all of which may be trademarked. Simply put, a trademark is what your customers use to recognize your business and distinguish it from other businesses.