A trademark is generally defined as ‘a word, name, symbol or device that is implemented in the trade of goods to indicate the origin of the goods and to distinguish them from the goods of others’. A trademark is product-specific: A service mark is a distinctive word, name, symbol, or device used to identify specific services. However, the term “trademark” is often used to refer to both trademarks and service marks, since they are essentially the same thing.
A trademark gives its owners the legal right to prevent other companies from using a trademark similar to theirs. But trademarks cannot be used to prevent competing companies from producing or selling the same goods or services under an entirely different brand name.
trademark registration
Savvy business owners often register their own trademarks with trademark officials to obtain a certified registration of their individual trademark rights. When a trademark is registered, the owner gains the legal right, albeit subject to some conditions, to prevent other companies from using their trademark without permission.
One of the main objectives of any company is to maintain the good reputation of its products and services. Owning a trademark can help in this process: it serves to inform potential infringers of your company’s intent to maintain its position in the marketplace. If your trademark is properly secured and supported, it has the potential to be a valuable asset to your business.
Generally, a registered trademark is protected for a decade and can be renewed indefinitely.
The true value of trademarks
Every successful company has thought carefully about the visibility and profile of its business.
The difference between a company name and a company trademark
The social, commercial or corporate name is the name with which a company is identified. It is the name used for business registration, tax, financial reporting, and government transaction purposes. A company or trade name does not contain any identifier other than the name itself.
Most company names are not eligible for trademark registration due to confusing similarities between them. For a company name to be a trademark, it must be distinct enough to be recognized from other companies within the marketplace.
Your company name may be registered as a trademark, but only if it is used to indicate specific goods or services.
An eligible brand must:
- Distinguish the types of goods and services advertised
- Refrain from being deceitful or ignorant of morality and law.
- Be unique: cannot be confused with other marks that identify the same products and services
When you start a new business, you need to consider what to call it: what kind of name will attract customers? And more importantly, will your trade name infringe a competitor’s trademark?
If you are considering registering a trademark, you should undergo a thorough review of current trademark registration, company name registries, trade registries, domain registrations, and even telephone directories, to ensure that your company name does not infringe other registered names. You might consider contacting a lawyer or trademark attorney to help you in your search – a professional can give you the peace of mind that you are not infringing on the rights of others.
Please note that even an established business name or domain title does not mean that your name will automatically be registered as a trademark. The acceptance of the registration is essential.
International Trademark Registration
Generally, you cannot be approved for an international trademark registration. Trademark registration is generally granted within individual regions. However, a trademark or intellectual property attorney can provide you with specific trademark information – contact a professional today for more information on all of your trademark questions and inquiries.
