Quick Answer: How Do You Protect A Trademark?

What Cannot be protected by trademark?

Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

As always, work with an experienced attorney to determine what aspects of your business need protection and how best to protect them..

What does a trademark protect for how long?

How 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 names Cannot be trademarked?

However, you can’t trademark:Proper names or likenesses without consent from the person.Generic terms, phrases, or the like.Government symbols or insignia.Vulgar or disparaging words or phrases.The likeness of a U.S. President, former or current.Immoral, deceptive, or scandalous words or symbols.Sounds or short motifs.

Is a trademark worth it?

Cohen says, “If it’s something you intend to do far into the future and it’s of value. One can file an application with the U.S. Patent and Trademark Office if they have a bona fide intent to use the mark on the product. … Filing can be costly, “but it’s invaluable to have protection of that name or product,” Cohen says.

What is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

Why is it important to protect a trademark?

A trademarked name marks all of your products and services as yours and no one else’s and can also protect you from counterfeit products. … Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.

Do you have to use a trademark to keep it?

Continued use of a trademark is the single most important thing that trademark owners must do to maintain their trademark (and their federal trademark registration).

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.

Who does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

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.

Does a trademark expire?

Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards. … You might still be able to restore your trade mark by post.

What is considered trademark infringement?

What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.