The following article is a small description of trademarks, and describes in brief the process of trademarking a particular name. To know more, read on.
A trademark, in common parlance, is often defined as any name, symbol, design or a combination of any of the three. A trademark can be applicable of any product, company, corporation, enterprise or even subsidiary organization. It is usually used by companies or business organizations in order to make their logo and brand unique.
The existence of a trademark on any product plays an excellent psychological effect on consumers. It helps the consumer to identify the company’s product. The logic behind the use of trademark is extremely simple. The human brain finds it very easy to remember graphics and pictures, instead of plain written language. The logos and symbols that are used to make the trademark are thus easy to identify, and get registered into our minds.
According to most of the trademark enactments that have been passed, there are two basic classifications, namely registered trademarks and unregistered trademarks. The unregistered trademarks are identified with the help of (™) marking, that is engraved in a small font to the right hand side of the trademark.
The symbol ® is also engraved in the same location, and is a registered trademark that is recognized by law. The following is a differentiation of both the types of trademarks.
- Non-registered Trademark: A non-registered trademark is a logo and name that is not registered in accordance with any of the trademark enactments. In case of violation of such a trademark, the case that is filed often remains undecided. In case the suer or claimant is able to produce a record that proves that he was the first person to use the logo/name/symbol, then the accused has to compensate for damages.
- Registered Trademark: A registered trademark is recorded in accordance with the trademark enactments. Violating a registered trademark is an offense and the accused has to pay very heavy fines and compensations.
Steps to Trademark a Name
Here, we shall see how to trademark a name in three simple steps. bear in mind this is just a rough guide, and it is best to take legal advice before deciding to actually trademark any name.
The first step to trademark a name of product or company, is to check if the product or company qualifies for the trademark application. Usually, any product, goods or service, that has a commercial value can qualify for application of trademark. In common parlance, any goods or service that is developed, innovated or invented for a use in commerce, is a bona fide qualification for trademark. There are cases in which trademark applications have been rejected by the trademark and patents office. One of the common reason for rejection by the office, is in cases where the application is for a product that does not hold commercial value, and the applicant does not want to launch it in the market.
The second step is to go through the government’s database of trademark applications. It is also necessary to confirm if your trademark resembles some other trademark or not. In the United States of America, trademark applicants can use the Trademark Electronic Search System database in order to verify if their trademark is unique or not.
The last step is the easiest of all steps, as it involves the actual application for the trademark. In this step, you may fill out the application form that has been provided by the Trademark Electronic Application System. Sometimes, if the scale of the applied product is very large, then it becomes necessary to appoint a lawyer.
A word of advice, consult an attorney who specializes in trademarks or intellectual property because if the chosen name closely resembles another registered mark many legal issues and disputes may arise that may lead to strictures or even legal proceedings.