A company uses a word, phrase, logo, or symbol as a true trademark to differentiate its products from others. The main objective of a trademark is to indicate the origin of a product. For legal protection, a trademark must be distinctive, used on a sold product, and registered with the government. However, if a trademark is not registered, it can still be safeguarded under common law. Additionally, if the owner discontinues using a trademark, it can be abandoned. There are various types of trademarks, including arbitrary trademarks that use common words in a unique manner and certification trademarks that demonstrate a product’s quality or origin.
A manufacturer or seller can use a word, phrase, logo, or symbol as a true trademark to differentiate their product from others. The main purpose of a trademark is to indicate the origin of goods or services. To obtain federal protection, a trademark must be unique, attached to a product that is actually sold in the market, and registered with the U.S. Patent and Trademark Office. Unregistered trademarks are only protected under common law and are identified with the mark “TM.” For instance, Nike’s “swoosh” logo is a genuine trademark that sets apart Nike’s products from those of other companies. The logo is distinctive, affixed to products sold in the market, and registered with the U.S. Patent and Trademark Office.
A true trademark refers to a legally registered symbol, logo, word, phrase, or design that distinguishes a particular product or service from others in the market.
To obtain a true trademark, you need to file an application with the appropriate trademark office in your jurisdiction. The application should include the necessary information and fees, and you must meet the eligibility criteria for trademark registration.
Having a true trademark provides exclusive rights to use the mark in connection with your goods or services, preventing others from using a similar mark that may cause confusion among consumers. It also helps build brand recognition and protects your business reputation.
Trademark rights are generally territorial, meaning they are limited to the jurisdiction where the mark is registered. However, some countries have agreements allowing for international trademark protection, such as the Madrid Protocol, which simplifies the process of obtaining protection in multiple countries.
Once registered, a true trademark can last indefinitely as long as you continue to use the mark in commerce and renew the registration periodically, as required by law.
In some cases, it is possible to trademark a common word or phrase if you can demonstrate that it has acquired distinctiveness or secondary meaning in connection with your specific goods or services. However, it can be more challenging to obtain protection for generic or descriptive terms.
If someone infringes on your true trademark by using a similar mark without authorization, you have the right to take legal action. This may involve sending a cease and desist letter, filing a lawsuit for trademark infringement, and seeking damages or an injunction to stop the unauthorized use.
Yes, as the owner of a true trademark, you have the right to license its use to others. This allows you to generate revenue by granting permission for others to use your mark in connection with their products or services, while still maintaining control over its quality and reputation.
Yes, if you fail to actively use your true trademark for an extended period or if you do not renew the registration as required, you may lose your rights to the mark. Additionally, if your mark becomes generic or loses its distinctiveness, it may no longer be eligible for trademark protection.
While it is possible to make minor changes to a registered true trademark, significant changes may require filing a new application. It is advisable to consult with a trademark attorney to ensure compliance with the relevant laws and regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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