If you have a trademark, it will protect the words and design elements that identify your product. You’ll see this with corporate logos and brand names that preserve their brand identity.
Trademarks prohibit any marks that would cause confusion with one that already exists. If you’re starting a new brand or business, you can’t use any symbol or brand name that looks, sounds or has a meaning too similar to one that is already trademarked.
Defining a Trademark
Trademarks can be used for any word, phrase, design, symbol, or combination of these items that are used to create an identity for a product or service. Your customers recognize you based on these features that distinguish you from other brands.
The term ‘trademark’ also includes service marks; the difference is a trademark is used for tangible items while service marks are assigned to protect services. In essence, these government protections identify the source of your products or services, legally protect your brand and guard you against fraud and counterfeiting.
Common Misconceptions About Trademarks
One of the biggest misconceptions about trademarks is that once you have one, you legally own a certain word or phrase and no one else can use it. While you can have something trademarked, you do not have the rights to the item in general. It only applies to how the particular word or phrase is used with your specific product or service.
As an example, you may create a logo for your trademark for a small crochet craft business as a way to distinguish your products from others in your field. If someone uses a similar logo in a different industry, you can’t stop them.
You should also know that simply choosing a trademark that describes your product or service is not effective. Unfortunately, many people mistakenly believe they can trademark something basic, but creative and unique trademarks are far more effective and easier to keep protected.
If you believe the products or services of someone else are infringing on your trademark and they are in a related field, you may be able to sue. However, it is in your best interest to speak with a Fort Lauderdale trademark attorney first.
The Difference Between Owning and Registering Trademarks
You are the owner of a trademark as soon as you begin using it with your product or service. However, your rights are limited to your geographic area. If you want it to be nationwide, you need to register it with the United States Patent and Trademark Office (USPTO).
Registration of trademarks is not mandatory but it provides you with more rights and protections. As your business grows, it’s something to think about.
Your trademark can be used with a symbol that indicates to both consumers and the competition that it is part of your brand. ‘TM’ represents a trademark for goods while ‘SM’ represents a trademark for services. You can use these even if you have not yet registered your trademark. Only once it is registered can you use an ‘®’ with your trademark.
