What Can A Trademark Allow You To Do?

What can not be protected with trademarks?

The trademark as under are prohibited if it; Possesses such nature which deceives the public.

Contains any word or matter which is likely to hurt religious sentiments of any class of citizens of India.

Contains scandalous or obscene content.

Prohibited under the Emblems and Names (Prevention of Improper Use) Act..

What does a trademark protect *?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

What are the benefits of having a trademark?

Trademark BenefitsNationwide Priority. … Incontestability. … Automatic Right for Trademark Infringement in Federal Court. … Ability to Recover Money. … Use of the ® Symbol. … Deters Others from Using your Trademark. … Advantages in Court. … Registration in Foreign Countries using U.S. Priority Date.

What does a trademark protect How do you obtain one?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

Can I use TM without registering?

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.

Who does a trademark protect?

A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.

Can you trademark a single word?

This involves registering a single word as a trademark with the U.S. Patent and Trademark Office (USPTO). A trademark is a word, phrase, sign, symbol, or logo used to identify a product’s owner. Trademarks give exclusive rights to a person or company to use a specific mark within an industry.

Can you trademark a nickname?

Trademark law allows someone to trademark a name or nickname even when it does not identify the applicant. … First, federal trademark law does not allow someone to trademark another person’s name without permission (if at all).

How much does it cost to apply for a trademark?

Filing Cost of a Trademark Application Online The fees for electronically filed trademark applications generally range from $250 to $350 for each class of goods or services.

How long does trademark last?

ten yearsHow long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Can I trademark a name already in use but not trademarked?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

What happens if you don’t trademark?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Trademarks protect anything that is perceived as confusingly similar in its sight, sound or meaning to your consumer. 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 long does it take to trademark a name?

12 to 18 monthsUsually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

When should you trademark?

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.

What can and Cannot be registered as a trademark?

Your trade mark cannot: be offensive, for example contain swear words or pornographic images. describe the goods or services it will relate to, for example the word ‘cotton’ cannot be a trade mark for a cotton textile company. be misleading, for example use the word ‘organic’ for goods that are not organic.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

What are the disadvantages of trademark?

Disadvantages Of Descriptive TrademarksNot Qualifying For Registration On The Principal Register. … Descriptive Trademarks Are Weak Marks. … The Trademark Registration Process May Cost More. … Your Marketing And Advertising Costs Will Increase. … Litigation Can Be Risky, Uncertain, And Expensive With A Descriptive Mark. … Consumers May Not Remember Your Brand.

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