Do I Need A Trademark For My Brand?

How long does a trademark last?

five yearsAnswer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required.

However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no longer in use..

How many years is a patent good for?

20 yearsA U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent.

Is Apple a trademark?

A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services….Apple Trademark List*Apple’s TrademarksGeneric TermsApple’s Trademarks Apple Pro Display XDR®Generic Terms computer monitors120 more rows

Is logo a trademark?

The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

When should I trademark my brand?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Can you trade without a trademark?

There’s no legal requirement that forces you to trade mark your business or brand name (logo). In fact, you can have what are known as ‘common law’ rights to your business name without formally registering it. … You can learn more about trade marks and all other types of IP, at the IPO website.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

trademarkTM means trademark. The TM symbol usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo, or other indicator is being claimed as a trademark. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws.

What happens if I don’t register my business name?

If you don’t register your brands, logos and names as trademarks there are no guarantees that you have the right to use them. … By not protecting your business with a registered trademark, another trader can start using a similar name to yours in your industry, and you may have no power to stop them.

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.

What happens if you don’t have a trademark?

Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. … So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

How can I protect my logo from being copied?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.

Can I sell clothes without a trademark?

Clothing lines and fashion designers need to protect their brands, names, slogans, and logos. They do this by obtaining valuable trademarks. … Your clothing line must be unique with an original name, slogan, and logo in order to qualify for trademark protection. Generic or descriptive names won’t cut it.

What happens if I use a trademarked name?

Trademark infringement is the unauthorized use of another person or company’s registered trademark. … In such a situation, Apple could sue for trademark infringement. Not only could it win a court order requiring that you stop infringing, but it could also win money damages.