![]() How to apply for a trademark registration.What can and cannot be a registered trademark?.Why is it a good idea to register a trademark?.You’ll even learn how to cancel the entire process. We’ll go over how to apply for a trademark and show you an example of a trademark application. In this article, we’ll outline just why trademarking is so important for retailers. There is a lack of knowledge of exactly what a trademark is, what it can do for a business owner, what can be trademarked, and how to register a trademark. Unfortunately, many retail entrepreneurs are not aware the significance of trademarks. Whether you are selling goods through an online e-commerce site or via a retail store, registering a trademark can help to protect your business. The concept of branding a product with its own unique trademark is incredibly important for small retail business owners. As far back as 1266, English bakers used stamps to make sure their loaves of bread weren’t mistaken for the work of another baker. Failure to register the name and logo separately would limit their rights to police the use of both the name and the logo.Trademarks have been used to signify the ownership of products for centuries. PepsiCo owns trademarks on all those logos in addition to a trademark on the word Pepsi (and the phrase Pepsi Cola). ![]() In other words, in 1940 they would have owned only the trademark to Pepsi Cola when written in that calligraphic font. If they had, they would only own the rights to Pepsi Cola, or just Pepsi, in the displayed form. Do you think Pepsi only registered their logo, since it included the brand name in it? You might notice that many of these brands include their names in the logo, the most famous of which is Pepsi. The linked article about changing logos features many famous brands. ![]() Why open your company to possible attacks on your trademark when you can secure it right from the start? Real world applications There will come a point when you have to file separately for your name and logo during the application process with thee U.S. So was cutting a few hundred dollars in expenses during trademark filing worth your while, if you had to spend that money down the road anyway? If not – where does that leave your trademark protection prospects?Īt that point you must file both applications. What happens if your new logo doesn’t include the brand name? You can force it in there, but that’s not always possible. Design changes and evolves over time, so you will almost certainly wish to update your logo at some point. Why would you take a step that blatantly reduces those exclusive rights for your small business? When trademarking a name and logo at the same time becomes a problemĬompanies change logos all the time. You are filing trademark applications to protect your rights. You will never have the same rights as if you filed the federal trademark for the name and logo separately. If another company tried to register your name as a trademark, you might have a case to object. This might work well enough for you if you always use your name in conjunction with your logo. You only own the trademark rights to the name and logo displayed together as a single unit. You don’t own the federal trademark rights to the name by itself, or the logo by itself. Because you filed them in the same application, the USPTO sees just one trademark. ![]() You now own the trademark–to your combined name and logo.ĭon’t think you can separate these two elements. The USPTO has approved your application, so congratulations. Let’s say you did take this horrible advice and filed your name and logo as one application. You almost assuredly want to trademark your logo and name separately. ![]() If a trademark attorney suggest you do this, walk away immediately – they’re giving terrible legal advice.Ĭombining applications for trademark registration might appear attractive, but it will only harm your ability to protect your intellectual property in the long run. If you display your company name along with your logo, wouldn’t filing them together save you time and money? After all, you’d then only have to file two applications and therefore pay only two fees, rather than three.ĭo not let this shortcut tempt you. Additionally, you might be subject to greater legal fees if you’ve chosen to work with an attorney on top of the filing fee with the trademark office.Īt this point it might make sense to combine filings. For example, if you wish to trademark your business name, your logo, and a product name, you will pay the application fee three times. Each trademark you file incurs a separate application fee. ![]()
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3/6/2024 07:00:58 am
Registering a business involves formalizing a legal entity with a governing authority, typically a government agency. It includes selecting a business structure, choosing a name, completing necessary registration forms, and paying associated fees. Proper registration ensures legal recognition and compliance with regulatory requirements, laying the foundation for transparent and effective business operations.
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