What are the Benefits of Trademarking Names?

Introduction

A trademark protects the particular, one-of-a-kind name, logo, and symbols associated with your products or company brand. Trademark protection may be extended to corporate names, symbols, logos, sounds, and even colors that are distinctive to a single brand. A service mark is identical to a trademark except in relation to services rather than goods. An owner of a registered trademark has the exclusive right to use the mark nationwide in connection with its goods and/or services, excluding non-competing goods and/or services. The term “trademark” is often used generically to refer to both trademarks and service marks.

Establish Trademark Rights

Trademark rights can be established through use in commerce (the date on which a mark was first used) or through registration with the U.S. Patent and Trademark Office (USPTO). Registration provides several benefits, including nationwide notice that the owner has claimed rights in the mark, exclusive right to use it on particular goods and services instead of only within a specific geographic area, enhanced remedies for infringement upon registration, and incontestability after five years if no legal proceedings have been filed against an application during this time frame.

Protecting a Name

A trademark will not protect a generic name but can protect a generic name that has “acquired distinctiveness,” meaning that the name is recognized as indicating the particular source of the product. For example, “coke” is generally considered to be a generic word for cola-flavored carbonated beverages. However, if you have used “Coke” as your trademark for years and years, and no one else has tried to use it in their own marketing materials or advertising campaigns, then “Coke” would be considered distinctive enough so that no one else could use it on their own products.

Vulnerable to Cancellation

If a trademark is not used in commerce for three years, it becomes vulnerable to cancellation. The reason for this provision is that the law does not stand by and allow someone to benefit from registering a trademark if they do not use it. If you file an application and use your mark within a certain time period after filing (usually between three and five years), then the trademark will be protected.

If you are concerned about losing your trademark rights due to lack of use, discuss these concerns with an attorney who can help guide you on best practices for maintaining compliance with federal law regarding trademarks.

Prevent others from Using your Mark

Once you’ve obtained a federal trademark registration, it’s also possible to prevent others from using your mark throughout the country. Unlike common law trademark rights, which give protection only within certain geographical areas (such as local regions or states), federal registration gives you nationwide protection against any potential infringers. This means that if someone uses a similar mark anywhere in the United States—or even abroad—you can sue them for using your federally registered trademark without permission.

As a result, obtaining and maintaining a federal registration is an important step toward protecting your business and its brand identity.

Takeaway

Once you have acquired a trademark, you have the right to prevent others from using your trademark on their products at all. If someone is using a mark that is similar to yours or that would likely cause confusion with yours, you can sue them and get an order requiring them to stop doing so.

Conclusion

The benefits of trademarking a name are many. A trademark protects your company from being confused with another company’s product and allows you to prevent others from using your trademark on their products at all. If you are considering registering a trademark for your business, we recommend consulting an attorney for more information on the process of obtaining one.