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Trademark Journal

Basic Facts About Trademarks: Protecting Your Business’s Unique Identity

CATEGORY: USPTO News
20 June 2023

A trademark is a category of intellectual property that helps identify and distinguish one enterprise’s products or service offerings from those of another. A trademark can be any symbol – a word, phrase, design, color, smell, etc. – that is used to represent a company or product.
 

Here are some basic facts about trademarks: 

  1. A trademark is a type of intellectual property that helps identify and distinguish a company’s products or services. 
  2. Trademarks can be words, phrases, designs, colors, smells, etc. that are used to represent a company or product. 
  3. The primary purpose of a trademark is to prevent confusion among consumers and allow them to quickly identify the source of a product or service. 
  4. To be eligible for trademark protection, a mark must be distinctive and not already used by another business. 
  5. Trademarks typically must be registered with the government to receive legal protection. 
  6. Once a trademark is registered, the owner has the exclusive right to use the mark and to prevent others from using a similar mark. 
  7. Trademarks are different from patents and copyrights. Patents protect inventions, while copyrights protect creative works. Trademarks protect the unique identifier that represents a business or product. 
  8. By registering their trademarks, businesses can ensure that their products and services are easily recognizable and distinguishable from those of their competitors.
     

One of a trademark’s primary objectives is to prevent consumer confusion. For example, if two different companies were to use the same name for  similar products, it would be difficult for consumers to know which company’s product they were purchasing. Trademarks help prevent confusion and allow consumers to identify a product or service source quickly. 

To qualify for trademark protection, a mark must be distinctive and not already used by another business. In other words, the trademark must be capable  of identifying the source of the product or service and must not be similar to any existing trademarks. 

Trademarks typically must be registered with the government to receive legal protection. In the United States, registration is with the United States Patent and Trademark Office (USPTO). A business must send an application with the required fees to register a trademark. 

Once a trademark is registered, the owner has the exclusive right to use the mark and to prevent other entities from using a similar mark. In addition, the owner can take legal action against any person or business that uses their trademark without permission. 

In conclusion, trademarks are a crucial part of the business world. They help to identify and distinguish the products and services of one company from those of another and provide legal protection for the unique identifier that represents a business. By registering their trademarks, companies can ensure that their products and services are easily recognizable and distinguishable from those of their competitors. 

By Suman Naresh

Suman is a graduate of Cambridge University and a member of the English Bar, and a former law professor at Cambridge, the University of Chicago, and Tulane University Law School in New Orleans. He has practiced, lectured, and published in the field of intellectual property for more than forty years. He is the CEO of Trademark ISG, LLC, which provides assistance and intellectual property support services to Joseph Root and Verena Benker.

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