The use of a trademark has been around since the Roman times. The trademark has traveled a long way from its distant origins and today it is a vital tool in your business activities.
To learn more about how a trademark can be vital for your business we should examine
what a trademark is and what are the applicable laws.
A trademark is a distinctive sign or indicator used by a business organization,
individual or legal entity to identify their products or services to their customers.
A trademark signifies that it is originating from a unique source. It usually consists
of a name, word, phrase, logo, symbol, design image etc. either singly or in a combination.
The usual symbols to show a Trademark are: ™ , ® or SM.
- ™ indicates an unregistered trademark which is used to promote or brand any goods.
- ® stands for a registered Trademark
- SM indicates an unregistered service mark which is used to promote/brand services.
A trademark essentially is a badge of origin of the product or service. When anyone sees
a trademark, it is associated with the product or service of the owner of the trademark.
By registering a trademark, the owner gets certain exclusive rights. These rights can be
enforced in a court of law. Unregistered trademarks can also be enforced under common
law, but it is more difficult as it is unregistered.
Trademark laws are complex and to get one registered requires expertise. It is better to have the guidance of a trademark attorney.
Registering a trademark involves the following steps:
- First you have to apply for registration of the trademark.
- After three to six months it is reviewed by an examining attorney for compliance with all regulations.
- After the examining attorney passes it, objections from the public are called for.
- If there is no opposition or if the opposition fails, then the trademark is issued in favor of the applicant.
Similarly there are procedures to keep the registration of the trademark valid.
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