Trademark my logo registration#Now, the actual steps of Federal registration are as follows: Note: If you’d like more information regarding State vs Federal Trademark registration you can find it on the International Trademark Association website, or if you want to know more about California Trademark services you can go to the California Secretary of State Business Programs website (link below). Thus Federal Trademark registration is more desirable. That said, a Federal registration gives the registrant rights throughout the entire United States, territories and possession, while a State registration only provides rights within the state. Because there is so much information about registering trademarks available, we will only be covering Federally Registered Trademarks. So the benefits seem enticing, but how do you actually register a trademark? Well, it’s important to note that there is a two-tier system within the United States for registering a trademark: Federal and State. How do I register my logo as a Trademark? Not only that, but it provides you with a position to legally police your logo, brand, and identity to make sure that competition doesn’t take up a similar image and eat away at your market.ģ. In essence then, by registering your mark with the federal government you’ll be letting the rest of the world know that the mark in question is owned and controlled. Use registration as basis for foreign filingĪble to use federal registration symbol ® Right to bring legal action concerning mark in federal court Puts public on notice of ownership of markĬan record registration with U.S. Legal presumption of exclusive right to use mark Once again, we at EvenVision are not providing legal advice and so we will leave the following as direct quotes from the USPTO basics video (link found down below). Is there any real value in a trademark? Yes.įederally Registered trademarks receive the following benefits: However, USPTO offers the following example: is not only a Domain name and Business Name but also a Trademark because it identifies the source of a good. For instance, a Domain Name is a web address, while a Business Name is a name of a business registered under a state. It’s also important to note that a Domain Name and Business Name are not inherently a Trademark. Here is the example given by USPTO:Ī vacuum can be patented, the logo upon the vacuum can be trademarked, and the accompanying advertising for the vacuum can be copyrighted. Below are their definitions for differentiation:Ī copyright – protects original artistic and literary worksĪ Trademark, along with a Copyright and Patent are all means of protecting intellectual property, but function in significantly different ways. Trademarks are often commonly confused with Patents and Copyright. For this post, we will focus almost exclusively on Logos as that’s the source of most of our inquiries. So while it may commonly be thought of as merely a logo, there is so much more to it. These two are often used interchangeably, but to avoid confusion we will stick to the term Trademark.ĭirect quotes aside, a trademark is something that identifies your business and its goods and services. A Servicemark is an identifying mark for a source of services, while a Trademark is an identifying source of goods. Technically speaking there are Trademarks, and there are Servicemarks. What is a trademark?Ī trademark is “any word, slogan, symbol, design, or combination of these that: 1) identifies the source of your goods and services, and 2) distinguishes them from the goods and services of another party.”Ī trademark can also be a sound, color, or smell. In the following we will be covering these key topics:ġ. Below you’ll find the links to the pages and sources. NOTE: This is not legal advice, and all of the following is a brief summary of open source facts posted on the United States Patent and Trademark Office (USPTO) website, titled: “basic facts about trademarks: what every small business should know now, not later” and from their video posted on Aug 30th, 2013 with the same title. For legal advice or information about your particular situation, please reach out to a qualified attorney with experience in trademark law. It’s important to note that I am not providing legal advice. We’ve been asked this question numerous times so here I will attempt to provide you some basic information regarding trademarks.
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