A trade mark might be a logo, slogan, or brand name. It separates one person’s goods and services from those of another, and identifies them. Therefore, a term or word combination serves as a brand name. A logo is a distinguishing image or symbol, whereas a slogan is a brief phrase or statement. They can be applied to both goods and services and offer a unique identity in the market. Once a trade mark (logo, brand name or slogan) is registered, it cannot be used by anyone else or used in a confusingly similar way. There could be legal action if this occurs.
- A typical Trade Mark include the trade name (brand name), slogan, logo, and where applicable, shape of the product.
- A trade mark can only be protected and defended if it is registered.
- Trademarks are territorial rights – they are only protected in the countries or regions where they are registered (National, Regional or International).
- A registered trade mark can be protected forever, provided it is renewed every ten years.
Registering a Trademark
Registering a trademark for your logo is an important step in protecting your brand identity. But keep in mind, the specifics of the trademark registration process may vary by country, so it’s crucial to familiarize yourself with the requirements of the relevant trademark office. Consulting with a legal professional experienced in trademark law can greatly assist in navigating the process successfully.
Protect Your Brand in the U.S
Before you start the application process, conduct a thorough trademark search to ensure that a similar or identical logo hasn’t already been registered. This can be done through the official website of the United States Patent and Trademark Office (USPTO) or the relevant trademark office in your country. Trademarks are registered for specific classes of goods and services. Identify the classes that are relevant to your business and the products or services associated with your logo. A strong trademark is often distinctive and unique. Ensure that your logo is not generic and does not closely resemble existing trademarks. It should be memorable and able to differentiate your brand. Even before your trademark is officially registered, you can use the TM symbol to indicate that you claim rights to the logo as a trademark. This symbol can be placed in the upper-right corner of your logo. While not mandatory, it’s advisable to consult with a trademark attorney. They can provide legal advice, help with the application process, and ensure that your application meets all the necessary requirements.
Visit the official website of the USPTO (United States Patent and Trademark Office) or the relevant trademark office in your country. Complete the trademark application, providing information about your logo, its design elements, and the goods/services it represents. Pay the associated filing fees. After submitting your application, the trademark office may issue an “Office Action” seeking clarification or raising concerns. Monitor your application status and respond promptly to any inquiries.
If there are no objections, your trademark will be published in an official gazette. During this period, third parties have the opportunity to oppose your registration. If no oppositions are filed, your trademark will proceed to registration. Once registered, it’s essential to maintain and enforce your trademark rights. Pay any necessary maintenance fees and be vigilant in protecting your logo from unauthorized use. If your business operates internationally, consider registering your trademark in other countries through the Madrid System or individual applications in each country.
