What is a trademark?

If you need help protecting your brand, the Phoenix Trademark Attorneys, are here to help. In a trademark is a word, phrase, symbol, or design that identifies your goods and services and distinguishes your brand from competitors. A trademark is used for goods, while a service mark is used for services. A trademark gives you the exclusive right to use your mark and helps prevent competitors from using a mark that’s the same as or very similar to yours.

“Common Law” Trademarks

Simply using a name, logo, or slogan in your business gives it some level of trademark protection. However, these “common law” trademarks are hard to enforce and apply only in your immediate locality. You can get statewide trademark protection by registering your trademark with your state. But the strongest and most far-reaching trademark protection comes from registering your mark with the United States Patent and Trademark Office (“USPTO”). What is a trademark attorney?

What are the benefits of federal trademark registration?

Federal trademark registration:

• Creates a public record of your trademark ownership
• Prevents other people from registering trademarks that are deceptively similar to yours
• Gives you the right to sue in federal court if someone infringes your mark
• Makes it easier to register your mark in other countries
• Can be used to stop the importation of goods that infringe your mark
• Gives you the right to use the registered trademark symbol, ®.

What can be trademarked?

Product names and nicknames, logos, sounds, business names, slogans, color combinations and schemes, and even smells can all be trademarked.

What cannot be trademarked?

Generic descriptive words, commonly used phrases or messages, direct religious quotes and passages, and any mark that is already in use or is too similar to a mark already in use cannot be trademarked.

What are the different trademark symbols and how do they work?

There are three different symbols that can be used to indicate a trademark:

• ™ is the most popular trademark symbol, and anyone can use it, regardless of registration status. Adding this symbol lets other businesses know you have claimed a name, logo, or slogan as your own.
• ® stands for registered trademark and only trademarks that are registered and have received USPTO approval can use this symbol.
• ℠ is a “service mark” symbol. As its name suggests, it’s used for services only, not products. Just like the ™, you can use this symbol without registering your service mark. Learn More