What is a Trademark?

  • A trademark indicates to the buying public who is the source of the product or service and distinguishes you in the marketplace.
  • It forms part of your brand, and your brand is your reputation and allows you to establish a price premium for your products.
  • When you work with the United States Patent & Trademark Office (USPTO) this is the test they are going to use in evaluating your trademark

Types of Trademark

  • A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements that identify and distinguish the source of a good or service
  • There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles).

Common Law Trademark

  • A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used-even through they have not been never been federally registered can all be considered common law trademarks.

Mark Strength

  • Strongest to Weakest
    • Fanciful or Coined Mark  EXXON
    • Arbitrary Mark  APPLE
    • Suggestive  AIRBUS
    • Descriptive  SHARP
    • Generic  Heroin “Morphine

Trademark Use Requirement

  • Only protected if used BUT does not expire.
  • You can use a trademark that has been used before if it has been abandoned.

Trademark Search

  • Strongest to Weakest
    • Fanciful or Coined Mark  EXXON
    • Arbitrary Mark  APPLE
    • Suggestive  AIRBUS
    • Descriptive  SHARP
    • Generic  Heroin “Morphine