What is a Trademark?

A Trademark protects brand names, logos, and sounds used on goods and services.

What do you need to qualify for Trademark Registration?

A Unique Mark

Your trademark should be distinguishable and not simply be descriptive or generic.

An example of a generic trademark would be:

• Toilet paper, paper clip, bottle, etc. These terms simply describe the product for what it is. These generic terms will not receive any protection unless a distinctive term is added, and the generic term is disclaimed. An example would be Angel Soft toilet paper, with the term toilet paper being disclaimed.

An example of a descriptive trademark would be

• Fresh Meat for meat, Cold and Creamy for ice cream, etc. These are merely describe the services that the source provides. If these trademarks could obtain trademark protection it would make an unfair advantage for all the other people who wish to provide similar services by prohibiting them from using these common terms. Which is why merely descriptive terms are not protectable under the law. Now if a distinctive term is added to these terms, then the law will allow this to be protected with disclaimers of the common words. Therefore, Ben and Jerrys Ice Cream, Duncan’s Dog Grooming, and Vina & Son Meat Distributors will be able to receive protection because a distinctive term was added to the common terms.

Usage of Mark

To qualify for registration, you must use the trademark or have an intent to use it in commerce. If you can demonstrate that you are presently using the trademark at the time of applying for registration you will file a use application. However, if you know you want to use a it and just haven’t started yet, but still want to protect the trademark, you could file an intent to use application. This will grant you a 6-month window to file an allegation of use once the mark is officially used in commerce.

Interstate Commerce

To qualify for federal registration, the applicant must display the use of the trademark in interstate commerce, which means doing business in more than one state of our country. Now that we are in the technology age, interstate commerce is very simple to reach via a website, because now your products and services may reach people in numerous states and elsewhere.

Jurado & Farshchian, P.L., Can Help You Protect Your Trademark(s)

At our law firm, professional or more information and how to get one, contact us at (305) 921-0440 or email us at [email protected].

Read more at What is a Trademark?