Quick Answer: What Qualifies As A Trademark?

What can be registered as a trademark?

The trademark can just be the name of the company or product but does not need to be and can be:Words – eg company name or product name.Letters.Numerals.Designs – eg shapes, symbols, patterns, logos and signs.Colours.Sounds – eg jingles.Shapes of goods or packaging – eg three dimensional (3d) shapes.More items…•Dec 24, 2018.

What is not a trademark?

A trademark is a sign which distinguishes company’s goods or services. Therefore, a sign which is unable to do this is not a trademark. … A shape cannot be a trademark if it (1) results from the nature of the goods themselves, (2) gives a substantial value to the goods, or (3) is necessary to obtain a technical result.

What are the three types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

Can you trademark a single word?

Maybe. Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Is an LLC a trademark?

There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.

Can a saying be trademarked?

You can trademark a phrase at the local level by applying at your state trademark office. To trademark a phrase locally, you must already be using the phrase publicly. You can apply for a nationwide trademark with the USPTO. With the USPTO you can apply with the “intent to use.”

How long does trademark process take?

three to four monthsIt can take three to four months from the time the notice of publication is sent before the applicant will receive official notice of the next status of the application.

How long do US trademarks last?

ten-yearHow long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What is the cheapest way to trademark?

The Cheapest Way to Trademark The trademark is automatic. However, unregistered trademarks provide a weak form of legal protection. It can be difficult to defend an unregistered trademark in court if its use is challenged. Registering your trademark confers stronger protections.

How can I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Is it easy to get a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

Does an LLC protect my business name?

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state.

Should I get a trademark or LLC first?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Can someone else trademark your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How much do Trademarks cost?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can I use TM 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.

Can I apply for a trademark myself?

You don’t have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees. … The USPTO, however, warns against not using an attorney.

The TM and SM symbols are used with unregistered marks: TM for trademarks, or marks that represent goods, and SM for service marks, or marks that represent services. … There is no requirement to use the TM or SM symbols and their use has no legal significance, but it is wise to do so.

Should I use TM or R?

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.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.