The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. ... The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it .
Does a trademark have to be registered?
You are not required to register your trademark , but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
Can you have a trademark without registering?
An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). ... These are sometimes referred to as “common law” trademarks, as they are protected by state-based laws concerning unfair competition.
What Cannot be registered as a trademark?
Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
What happens if you don’t register a trademark?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate . This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Can you use trademark word?
By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive . The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Can common word be registered as trademark?
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.
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.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years . If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
What is Nike’s trademark?
The Swoosh is the logo of American sportswear designer and retailer Nike. Today, it has become one of the most recognizable brand logos in the world, and the most valuable, having a worth of $26 billion alone. Bill Bowerman and Phil Knight founded Nike on January 25, 1964, as Blue Ribbon Sports (BRS).
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court .
Can logos be used without permission?
A person or company should never use a trademark or logo without written permission from its owner . To get permission and avoid trademark infringement, write a letter to the trademark owner. ... However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement.
What are the three types of trademark?
- Descriptive Trademarks;
- Merely Descriptive Trademarks;
- Generic Trademarks;
Should I trademark my logo or name?
Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.
