Trademarks 101: Class In Session
A trademark is a word, phrase, symbol, or design that is used to identify a particular product or service. A trademark can be registered with the United States Patent and Trademark Office (USPTO) to provide additional legal protection.
Trademarks are important to protect because they help businesses distinguish their products or services from those of their competitors. A registered trademark can be used to sue counterfeiters and unauthorized sellers.
To register a trademark, you first need to check to see if the mark is already in use or registered. You can do this by searching the USPTO's online database. If the mark is not already in use or registered, you can file an application with the USPTO.
The application will require you to provide information about the mark, such as its description, use, and intended audience. You will also need to provide a drawing of the mark. If you are currently using the mark to sell products or services, you will file a current use application and provide evidence of your use in commerce. If you have not yet started to use the mark, you will file an intent-to-use application. With an intent-to-use application, the evidence requirement is waived for a period of time, so these applications act as a placeholder for marks that are not yet in use. The USPTO will review your application and will notify you of its decision.
Once you have registered your trademark, it is important to use it correctly. Here are some tips:
Use the mark consistently across all products and services.
Use the mark in the correct format (e.g., with a ® symbol for registered trademarks).
Do not use the mark in a way that could be considered misleading or deceptive.
Do not use the mark in a way that could confuse consumers about the source of the product or service.
Use the mark consistently across all products and services.
If you don't use your trademark regularly, or if you don't file an affidavit of use or excusable non-use, you could lose your trademark registration. Other common issues that can lead to the loss of a trademark registration include:
Failing to use the mark in connection with your business
Filing for bankruptcy
Mark Abandonment
Mark Opposition
Mark Cancellation
If you have any questions about registering a trademark, maintaining a trademark registration, or using it correctly, you can also contact The Styles Firm at 404.801.3861 or schedule a consultation so we can provide assistance tailored to your business!
