US Trademark Law- Facts You Must know
US Trademark Law governs how a particular word, logo, or anything related to a brand can be used by the manufacturer, to distinguish its goods from ones made by other manufacturers. If you have a business with a unique commercial identity, it is best to register your business with the United States Trademark and Patent Office. This law infringes a mark, once it is registered, and prevents other manufacturers functioning in the same industry and geographical setting from using it.
The trademark law prevents other people from using the name of a business, or its logo that you own. This protects the identity of your company. This also eliminates the possibility of confusion for customers if they come across brands with similar identities. The common rights of the common US Trademark Law are acquired as soon as a company uses a logo or a unique name.
Why Should You Register Your Business Under The US Trademark Law?
You acquire common rights under the trademark law as soon as you use a name and a logo for commercial purposes. There are certain benefits to registering with the United States Trademark and Patent Office. Some of these benefits of a federal trademark include:
- Your trademark gets listed on the federal database containing information regarding pending and a registered trademark, therefore declaring it to everyone searching for similar trademarks.
- You can use this registration to apply for trademarks in foreign countries as well.
- You can also use the symbol for federal trademark registration, which will discourage others from indulging in possible trademark infringement.
- Once recorded under the US Trademark Law, the U.S. Customs and Border Protection can stop the importing of goods that infringe your trademark.
All of this begins with a federal trademark application.
Things Everybody Should Know About US Trademark Laws
There are several laws and regulations set forth by the USPTO Rules of professional conduct that one must abide by, to avoid copyright infringement. Moreover, there are certain things that you must know to protect your business identity.
- For example, not all trademarks are equal, and to sustain one, it must be used in the marketplace. Trademarks are of two flavors, which are Inherently distinctive and not inherently distinctive.
- Let us talk about the inherently distinctive ones. There are several trademark services and goods that use marks that are suggestive, fanciful, and arbitrary, which are the easiest ones to protect. Fanciful marks such as KODAK and VERIZON are unique and have no or little relation to the industry they function under.
Arbitrary marks such as APPLE and AMAZON are used out of their normal context in industries that have no connection with these marks, which deems them unique. Therefore, they are easier to protect under the US Trademark Law.
- However, marks that are not inherently distinct are the ones that are related to the industry they function under. Examples include marks such as Battery Extenders, which can be used for Battery Chargers. These marks also include ones with personal marks, such as Baker and Sons, which relates to the banking industry. These trademarks are harder to protect under the US Trademark Law.
- You must also ensure that the trademark you are willing to use is clear, and is not currently under use by another company that functions in the same domain. You can do this with the help of comprehensive, as well as extensive research. The cost of researching trademark clearance can vary from a couple of dollars to thousands of dollars.
There are several other steps that you can take to ensure that your trademark is well protected and other businesses cannot steal it from you. An unregistered trademark can be stolen and you will have no right to take it back. The validity of a trademark is deemed legit as long as it is under usage. If your company goes obsolete for a long period, you run the risk of losing the trademark.
Therefore, you should ensure that these criteria are met, to protect the business identity of your company. The US Trademark law has so much more to understand, stay tuned for more information.