Your company is expanding and the quality of your goods or services has now given your enterprise an edge over the competition. In this article, we’ll examine what a trademark & What can I Trademark?
But, beyond proceeding to do what you’ve been doing?
Are you strongly developing your business, maintain and support the integrity of your brand?
More importantly, how do you build brand awareness while setting your brand’s place in any given market?
If you’ve thought to register a mark, you’re on the right track. But, do you know exactly what can be trademarked?
What is a Trademark?
Under international laws, almost everything can be registered as a trademark, as the protection only fits in a particular context. The main limitation is that the trademark cannot be functional. That is, it cannot change the performance of the goods it’s applied to. A trademark is any logo, symbol, generic names, etc which uniquely distinguishes your products or services from a competitor’s offering. In other words, a trademark is what your customers will begin to connect with your business. This, even though other companies offer the same or related products and services.
A trademark is anything that can be uniquely linked with your brand and what it does. Trademarks are created to help your products stand out in a competing world. A trademark is potentially a valuable asset for your business. Whatever it may be, it gives your target customers with knowledge about what you do, and how you do it better than the competition. Therefore, trademark registration is important so that some else cannot create something the same as your trademark.
Is your brand available to get a registered trademark?
Any word, phrase, name, slogan, brand, logo, or symbol, or any combination used or designed for use in business for any of the following:
- The way differentiate your goods from those of others, and to show the source of those goods (trademark)
- To differentiate your services from those of other providers, and to show the source of those services (service mark)
- To be practiced by others with the owner’s approval, to verify the features of a good or service such as origin, material, mode of manufacture, quality, accuracy, etc. (certification mark)
- To show the membership in a union, union, or other organization (collective trademark) For example, the “CPA” mark, is a collective mark applied by Publicly Certified Accountants. This CPA mark is a collective mark filed by the Society of Certified Public Accountants and can only be practiced by its members.
What Can Be Trademarked?
The Intellectual Property Office describes what you can and can’t register as a trademark. Any new trademark must be different and can add the following:
- Words
- Sounds
- Logos
- Colors
- Combination of the above
- Name
- Any letter
- Signature
- Numeral
- Device
The most difficult trademarks to register include:
- Descriptive names that can’t be segregated from those of other products
- Names that comprise a geographic location, like as California Pizza Kitchen
- Generic names
- Deceptive names
- Surnames about a product
But, remember that there may be exemptions to the rule.
A trademark is an asset that will enable you to preserve your intellectual property. Nike’s “Swoosh” logo, McDonald’s “I’m Lovin’ It,” and Coca-Cola’s cursive logo are all examples of registered trademarks. The most well-known trademarks include names, phrases, symbols, or devices. You can trademark anything that is commercially used to identify your goods or services – even a sound or smell. For example, NBC’s famous chime was the first-ever audio trademark to be registered.
Types of Trademark
The 3 types of trademarks include:
- Trademarks and Service Marks: These phrases, words, or symbols represent a company’s goods or services. But, a service mark means a service, while a mark symbolizes a good.
- Collective Marks: These are just like trademarks, except they know a larger group. With collective marks, members of a group can benefit from a single trademark.
- Certification Marks: These marks cover the features of a product. For example, if something is 100 % cotton, it can fall under a certification mark.
It’s essential to note that just because you have a trademark doesn’t mean you own copyright regarding your symbol, logo, or name. You only manage the interest over that name or logo and the connection among your goods or services. For example, McDonald’s may have a slogan that says “I’m Lovin’ it,” but if you were to use it in entrepreneurs outside of food service, they wouldn’t charge you for trademark infringement.
What Can’t Be Trademarked?
While almost anything can be trademarked, there are some which cannot be trademarked. For starters, you can’t register a trademark that already exists. A mark must be different from your business.
Moreover, generic trademarks (i.e. the term “Hot Dogs” for your bratwurst company) aren’t supported. Neither are descriptive terms that carry great features of your product. Simply put, your trademark can’t have any use (literally) other than distinguishing your business from other businesses that give similar or identical products or services.
Trademarks also can’t be misleading, false, or wrong. Lastly, in most countries, they can’t practice the name of someone living, except they offer permission.
The following content is not eligible for trademark application:
- Offensive content e.g. something including swear words or improper imagery
- A term that directly represent the goods or services it links to e.g. the word ‘food’ could not be part of a trademark for a food production company
- Misleading terms – the IPO uses the example where the word ‘organic’ is accepted for goods that aren’t organic
- A 3-dimensional shape that’s instantly linked with your trademark
- A term that’s too general and non-distinctive e.g. a simple, basic statement such as ‘we’re better than the rest’
- The WIPO guidelines say that images that look too same to state symbols such as flags or hallmarks are also unsuitable
Why is an Important to register Trademark?
1) Trademarks are an efficient communication tool. In a single brand or logo, they can communicate intellectual, sensitive attributes and about your company& its reputation products and services.
2. Trademarks make it effortless for customers to locate you. The marketplace is jammed and it’s hard to differentiate your business from your competitors. Customers seeing a trademark instantly know who they are buying with, the reliability of your business.
3. Trademarks are a precious asset. They can appreciate over time. The more your business reputation boosts, the more worthy your brand will be. Trademarks add value exceeding your core business. They can lead the way for an extension from one industry to another.
If you are looking to simplify your trademark registration process allow TrademarkCart to guide you. We offer plenty of services worldwide. We offer Trademark registration in the USA, Dubai, Singapore, UK, and many more countries. You can visit our website “TrademarkCart” and avail Trademark Services. Even you can ring us at the number: +1-3024672224 or mail us at [email protected]
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