Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.
What can trademarks protect?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
What are the elements of a trademark?
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant’s use of the mark to identify goods or services causes a likelihood of confusion.
What does the trademark Act protect?
Common law in this sense provides limited protection for things like brand names, logos, phrases, packaging etc. Fun fact: a trademark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, movement, aspect of packaging, or a combination of these.
Can I use TM without registering?
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.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
How long does 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 the function of trademark?
It proposes to guarantee its quality. It advertises the product. The trademark represents the product. It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.
Is a trademark necessary?
It does not matter whether you’re selling products or services under your business’ logo and name — a trademark can be essential. If you’re conducting operations as a business, you should be looking into whether or not you should be registering a trademark before doing so.
Is it worth getting a trademark?
The default answer is always – no. Entrepreneurs should only incorporate, trademark or patent their inventions when absolutely necessary because doing so is expensive and time consuming. Generating revenue and keeping expenses to a minimum is what every scrappy entrepreneur must focus on in the early years.
Do I have to trademark my logo?
You should consider registering Trademarks to protect any features that you use to identify your brand. Many businesses register a number of Trademarks, for example, one to protect their brand name, another to protect their logo and another one to protect a tagline.
Why do logos have TM?
What does TM mean? TM stands for trademark. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that common law rights in the mark are claimed.