Definition of an Official Trademark

Introduction

A trademark protects the particular, unique name, logo, and symbols associated with your products or company brand. Trademark protection may apply to corporate names, symbols, logos, sounds, and even colors that are distinctive to a single brand.

A federal trademark would be granted by the United States Patent and Trademark Office (USPTO). A federal trademark can be a good idea if you plan to open business locations across numerous states or countries. If your company offers services on an international level; or if you want to ensure you have exclusive rights to your trademark anywhere it may appear. Some examples of trademarks include names, terms, designs, distinct shapes, and packaging designs used by a manufacturer or entity in order to identify its goods and services.

Official Trademark

An official trademark is a unique identifier used to distinguish your business from others. It can apply to any range of products and services, so long as it is not competing with another trademark that has already been registered. A federal trademark can be a good idea if you plan to open business locations across numerous states or countries.

A federal registration grants you the right to sue for infringement in any jurisdiction that recognizes federal law on trademarks. This means that once someone uses your mark incorrectly, he does so at his own risk because you have legal recourse against him. Federal protection extends internationally when it comes to foreign trade agreements such as NAFTA (North American Free Trade Agreement).

Trademarks are automatically recognized when you register your business in the state where you conduct business. A federal trademark would be granted by the United States Patent and Trademark Office (USPTO).

Register a State-level Trademark

When you register a state-level trademark with your secretary of state office, it becomes legally binding within the borders of that particular government jurisdiction. You may wish to register your mark at both levels—state and federal—for a variety of reasons:

  • The USPTO only grants trademarks for goods or services that fall within its scope; therefore, if you want to protect products or services beyond what is covered by this agency’s purview, then registering them at both levels would be necessary (for example: if you wanted to sell books nationwide without having those rights infringed upon).
  • If someone else applies for registration on identical goods or services as yours using an identical mark (or one very similar), then registering first gives priority over another party’s request down the road. Otherwise, they could end up getting their application approved ahead of yours.

Takeaway

A federal trademark can be a good idea if you plan to open business locations across numerous states or countries; if your company offers services on an international level; or if you want to ensure you have exclusive rights to your trademark anywhere it may appear. For example, Apple frequently registers its trademarks in multiple countries so that no one else can use the same name, logo, or slogan for similar products and services.

Conclusion

Trademarks are important to your business because they allow you to prove ownership of a name, symbol, or phrase. The best trademarks are unique, memorable, and distinctive so that people can identify them immediately.

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