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 specific to products: A service mark is the 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 a completely different brand name.
registration of a trademark
Savvy business owners often register their own trademarks with trademark officials to obtain a certified record of their rights to an individual mark. When a trademark is registered, the owner gains the legal right, subject to certain 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 registered trademark can help in this process: it serves to inform potential infringers of your company’s intention to maintain its position in the market. 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 their business.
The difference between a company name and a company trademark
The company, commercial or company 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 registered trademark, it must be distinct enough to be recognized from other companies in the market.
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 you advertise
- Refrain from being deceitful or ignorant of morals and the law.
- Be unique: it cannot be confused with other brands 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 business name infringe on a competitor’s trademark?
If you are considering registering a trademark, you should undergo a thorough examination of current trademark registration, business name registrations, business registries, domain registrations, and even telephone directories, to ensure that your business name does not infringe on 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 company 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 usually granted within individual regions. However, an intellectual property or trademark attorney can provide you with specific trademark information – contact a professional today for more information on all of your trademark questions and inquiries.
