If you attempt to register a trademark that is already in use by another business in your industry or state, your application may be rejected. Some unregistered trademarks: The federal government generally recognizes trademarks even if they have not been registered.For example, two soap companies cannot both register the name Dove, but the USPTO does allow both Dove soap and Dove chocolate to hold trademarks on the same word since this is unlikely to create customer confusion. Existing trademarks: You cannot trademark a word or phrase that is already a registered trademark within the same class of products or services.If you run a clothing store, you cannot trademark the word “clothes.” Similarly, a fruit stand or smoothie shop would likely not be permitted to trademark the word “apple.” However, since that word is not commonly used in the course of doing business in the tech industry, Apple can hold a trademark to sell phones and computers under that name. Generic trademarks: Generic words or phrases commonly used in the course of business cannot be trademarked.There are limitations on what the federal government will uphold as a trademark or allow to be registered as one. Certification marks: These marks are used to show consumers that particular goods or services, or their providers, have met certain standards.Collective marks: These marks are used by members of a collective to indicate membership in the group or to identify and distinguish the products and services of members from non-members.Service marks: These marks are used for businesses that deal with services.Trademarks: These marks are used for businesses that deal with goods.This protection flows directly from federal trademark laws. While you can register your business name with both your state authorities and the USPTO, your state will not protect your business’s logo, slogan, or other identifying features from being used by others. The major difference between a business name and a trademark is that trademarks can apply to more than just the name of your company. Your business name is simply the name you select for your business. The Difference Between a Business Name and a Trademark
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Copyrights are generally valid for the life of the creator plus seventy years. Copyright Office, but doing so can be beneficial.
Works do not need to be registered with the U.S. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. Copyright: A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship such as a literary work, song, movie, or software.They are generally valid for twenty years. Patents come in three categories: utility patents, design patents, and plant patents. Patent: A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using their invention for a period of time.Trademarks need not be registered with the federal government but may be approved for 10 year periods. They ensure that consumers are never confused about who they are doing business with and that business owners do not face unfair competition from similar companies using the same or similar names or logos to theirs. Trademark: Trademarks are designed to differentiate one business from another.Trademarks, patents, and copyrights are all forms of intellectual property, but they apply in a wide variety of different ways.
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However, it is a legal process, so hiring a private attorney who specializes in trademark law or going through a trademark registration company is highly recommended, but not required.ĭifferences Between a Trademark, a Patent, and a Copyright Trademarking your business through the US Patent and Trade Office (USPTO) allows you to legally protect your business’s brand. The main purpose of a trademark is to prevent consumer confusion by ensuring two similar businesses do not operate under the same name or symbol. A trademark is any word, slogan, symbol, design, or any combination of these that identifies the source of a business’s goods and services and distinguishes them from the goods and services of another party.
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