What is a Trademark? What’s the importance of a Trademark?

A trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell. Owners of trademarks have exclusive rights to use a trademark under the categories they are registered in (there are a total of 45 categories, called classes). Want to know more about Trademark, Let go ahead :-

What is trademark

What are trademarks?

A trademark is a unique identifier, often referred to as a “brand” or “logo”. Once a trademark is registered, the ® symbol may be used with the trademark. A Trademark is thus an intangible property of its owner and thea owner has the authority to enforce it in the case of unlawful uses. A Trademark can be in various forms like Logos, Words, Shapes, Sounds, and Smells-or any combination of these.

Why trademarks are needed?

There are plenty of reasons for a mark to be trademarked. With a trademark registration, you become the proprietor of the mark and you are entitled to enforce it in the case of an infringement. Below are some of the reasons a small business owner should trademark their brands.

  • Trademark makes you proprietor of the brand
  • You can stop others from copying your products
  • Trademarks are an effective communication tool
  • Trademarks make it easy for customers to find you
  • Trademarks are a valuable asset

What can’t be trademarked?

Assuming the fact that you are a business operating from the jurisdiction of United States, we can say that not all marks are eligible for being trademarked. As per the United States Trademark Statutory rules any or all marks can’t be deemed valid for federal registration. Section 2 of the Lanham Act or Trademark Act, 15 U.S.C. § 1052, provides many restrictions as to those trademarks that may not be federally registered with the United States Patent and Trademark Office’s (USPTO) Principal Register.

Registered ® vs. Unregistered ™ Trademarks: Trademarks can either be registered or is under the process of being registered. In the former case, we use ® (R in a round circle) and in the later we use ™ (TM). In other words, we can say that the use of ® specifies that the marks have already been taken and approved by the respective trademark office. While the mark ® specifies that the mark has been submitted to the trademark office and is yet to be approved by the patent office.

So, that’s all about this topic and hope you can able to grab most of the informations from this article.

Best of luck for your business or whatever you want to do 🙂

Thank You!!!!

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