Do You Need A Patent, Trademark, or Copyright?

💡 What’s the difference between a trademark, copyright, and patent? Let’s explore the world of intellectual property.

Trademarks, copyrights, and patents are distinct forms of intellectual property protection, each serving a unique purpose:

Trademark:

  • Purpose: Trademarks are used to protect symbols, names, or slogans that distinguish and identify goods or services in the marketplace.
  • Scope: They safeguard brand identity, preventing others from using similar marks in a way that could cause confusion.
  • Protection: Trademarks are renewable and can potentially last indefinitely as long as they are actively used and renewed.
  • Examples: Logos (Nike’s swoosh), brand names (Coca-Cola), and slogans (McDonald’s “I’m Lovin’ It”).

Copyright:

  • Purpose: Copyrights protect original works of authorship, such as literary, artistic, and musical creations.
  • Scope: They grant the creator exclusive rights to reproduce, distribute, perform, or display their work for a limited period.
  • Protection: Copyrights typically last for the lifetime of the creator plus 70 years in the US and Europe or plus 50 years in Canada, after which the work enters the public domain.
  • Examples: Novels, paintings, music compositions, and software code.

Patent:

  • Purpose: Patents are granted for new, useful, and non-obvious inventions or discoveries or improvements to existing inventions.
  • Scope: They provide exclusive rights to make, use, and sell the patented invention for a specific period (usually 20 years).
  • Protection: Patents have a finite duration, after which the invention becomes public domain.
  • Examples: Innovative technologies, machinery, pharmaceuticals, and unique processes.

Trademarks protect brand identifiers, Copyrights safeguard creative works, and Patents secure new inventions. These forms of protection help creators and businesses maintain control over their intellectual property, promoting innovation and preventing infringement by others.

#IPBasics #LegalKnowledge #IntellectualProperty

What Is The Trademark Registration Process?

Trademark Registration Process

📝Trademark registration process might seem daunting, but we’ve simplified it for you! Here are the steps to protect your brand:

  1. Research: Start by checking the official Trademark database for existing trademarks to ensure your mark is unique and available.
  2. Identify Goods/Services: Define the products or services your trademark will cover – a critical step for your application.
  3. Filing Application: Submit your trademark application to the relevant Trademark Office in your jurisdiction.
  4. Examination: Your application will be reviewed to meet legal requirements.
  5. Publication: If approved, your application will be published, allowing for potential objections.
  6. Opposition Period: During this time, other trademark owners can object to registration of your application.
  7. Registration: With no objections or resolved issues, your trademark will be registered.
  8. Maintenance: Regularly renew and maintain your trademark to keep it protected.

Remember, the trademark registration process may vary by jurisdiction. Protect your brand the right way! 🚀 #TrademarkRegistration #BrandProtection #IntellectualProperty 📚

Did you know that trademarks can protect your brand from competitors?

📚 Did you know that trademarks can protect your brand from competitors?

Here’s how they provide protection:

  1. Exclusive Rights: Trademarks grant you exclusive rights to use a specific name, logo, or symbol in connection with your products or services. This exclusivity prevents competitors from using a similar mark that could confuse your customers.
  2. Brand Recognition: Trademarks build brand recognition. Customers often associate your mark with the quality and origin of your products or services. This recognition deters competitors from trying to imitate your brand.
  3. Legal Recourse: With a registered trademark, you have a legal basis to take action against competitors who attempt to infringe on your mark. This can include cease and desist letters or lawsuits, which can lead to payment of damages for infringement.
  4. Deterrence: The mere presence of a registered trademark can discourage competitors from adopting a similar mark, as they are aware of the legal consequences.
  5. Asset Value: Trademarks can increase the overall value of your business. They are considered valuable assets, which can be licensed, franchised, or sold, adding another layer of protection against competitors.

In essence, trademarks not only safeguard your brand’s identity but also serve as a deterrent to potential competitors, ultimately preserving your brand’s uniqueness and reputation. 🛡️ #BrandProtection #TrademarkPower #StayUnique 📚

Your brand, your legacy – guard it with Trademark Angel!

Exploring the Fascinating World of Trademarks: 19 Ways Brands Seal Their Signature Styles

Trademarks are the backbone of brand identity and recognition. They are the unique symbols, names, and characteristics that set one brand apart from another. Have you ever wondered what can be trademarked? In this article, we’ll delve into the incredible diversity of trademarks and explore the 19 fascinating ways that brands seal their signature styles. From word marks to smell marks, you’ll discover the remarkable world of branding and intellectual property.

1. Word Marks:

Distinctive words, phrases, or letters used to identify a product, service, or company.

Every time you see “Nike,” or the words “TRADEMARK ANGEL,” you immediately recognize the brand. These word marks are powerful tools in branding.

 

2. Design Marks:

Unique logos, symbols, or stylized graphics that represent a brand.

A picture is worth a thousand words. Logos like the swoosh of Nike or the iconic Adidas stripes are instantly associated with the brand.

 

3. Slogans/Taglines:

Catchphrases or short statements that are closely associated with a brand.

“Just Do It” by Nike and “Award-winning is nice, at less than half the price!” by TRADEMARK ANGEL are memorable slogans that stick in your mind.

 

4. Product Names:

Names assigned to specific products that distinguish them from others in the market.

Products like the “PlayStation” by Sony or the “iPad” by Apple are not just names; they’re brands themselves.

 

Service Names:

Names given to services that help identify and differentiate them.

Amazon’s “For Amazon sellers” service is a prime example of how a name can set a service apart.

 

Character Names:

Names of fictional or animated characters associated with products, services, or entertainment.

From “BATMAN” by DC to “Spider-Man” by Marvel, these character names are trademarks in their own right.

 

Color Marks:

Specific color(s) used in a unique and consistent way to identify a brand.

Tiffany & Co’s distinctive blue color is so iconic that it’s instantly associated with luxury and elegance.

 

Sound Marks:

Unique and distinctive sounds, jingles, or musical notes that are used to identify a brand.

The sound of Netflix or MGM’s roaring lion intro is music to your ears, and it’s also part of their brand identity.

 

Motion Marks:

Distinctive moving images or animations that identify a brand.

From animated GIFs to unique video intros, motion marks are an exciting way to capture a brand’s essence.

 

3D Marks:

Trademarks for three-dimensional shapes that are distinct and recognizable.

The Coca-Cola bottle’s iconic shape and Toblerone’s triangular chocolate bar are examples of 3D marks.

 

Hologram Marks:

Trademarks for holographic images that represent a brand.

The holographic American Express card is a standout example, showcasing innovation and sophistication.

 

Position Marks:

Trademarks for specific placements of logos or marks on products.

The iconic red soles on Louboutin high heels or the Levi’s tag on back pockets make for memorable brand identifiers.

 

Pattern Marks:

Repeating visual patterns that are distinct and associated with a brand.

Louis Vuitton’s patterns are renowned for their unique and instantly recognizable designs.

 

Trade Dress:

Distinctive visual elements, such as the overall look and feel of a product’s packaging or the layout of a store.

The AIR Jordan’s unique aesthetic and style set it apart from other brands.

 

Domain Names:

While not traditional trademarks, domain names that are used to identify a website or online presence can have trademark-like protection.

Our domain, “trademarkangel.com,” is not just an address; it’s part of our brand identity.

 

Certification Marks:

Used to indicate that certain standards or qualifications have been met by a product or service.

An FDA APPROVED certification is a symbol of safety and quality.

 

Collective Marks:

Used by members of a collective group or organization to indicate membership.

Brands like Cambridge University Press or the Mongols have a unique way of showing their affiliations.

 

Geographical Indications:

Used to identify a product as originating from a specific geographical location.

Champagne, Greek Feta Cheese, and Italian Parma Ham are all protected by geographical indications.

 

Smell Marks:

In some cases, distinctive and non-functional smells associated with products can be trademarked.

The “Flowery Musk Scent” in Verizon stores is an olfactory experience associated with the brand.

 

These 19 types of trademarks showcase the diversity and creativity that brands employ to stand out in the market. Each trademark tells a unique story, making it essential for brand protection and recognition.

Share this article with your friends who might find this information valuable in their brand-building journey.

 

By Siham Qoudhadh |October 18th, 2023| Trademark Angel

What can’t be registered as a trademark in Canada?

  • Trademarks that are descriptive of the products or product quality (for example, TASTY PEARS cannot be registered for fruits)
  • Full names and surnames unless they have acquired a secondary meaning (for example, TAYLOR may be registered trademark as it has a secondary meaning but Anderson may be unregistrable since it’s only a surname)
  • Names of products that you registering, even in a foreign language (for example, you can’t register КРЕМ for creams as КРЕМ means CREAM in English when translated from Russian)
  • Places of origin. You can’t register French Candy for candy and chocolate originating from France.
  • Trademarks identical to Official government marks (aka Official marks), emblems, flags.
  • Obscene and offensive trademarks (for example, CANADIAN AS FUCK is unregistrable whereas FCUK is registrable)
  • Portraits and signatures or living or dead individuals
  • Trademarks that are too close to another previously filed or registered trademark
  • Trademarks that are merely informational (for example, BLACK LIVES MATTER)

How to avoid filing for a trademark that’s not registrable? Conduct thorough trademark search before filing a trademark.

What is a power of attorney? When do I need to sign a power of attorney?

A Power of Attorney, POA in short, is a legal document that authorizes an entity to represent or act for another person, usually, in the managing of the person’s property, business or private affairs. The former is called the Attorney or Agent whereas the latter is commonly known as the Principal.

In Trademarks, a Power of Attorney is required to appoint an Attorney on your file so he/she can represent you before the respective Trademarks Office.

Having said that, in many countries including the US, UK, Europe, Canada and Australia you don’t need to sign a POA for a standard trademark application (power of attorney is already implied when you entrusted your attorney/agent trademark registration). However, there are countries, such as, China, Mexico, Russia and India where a POA signed by the owner or any other person legally bound to the owner is required in order to file a trademark application.

In the US, when an applicant wishes to replace its existing attorney and appoint a new attorney, it needs to sign a Power of Attorney authorizing the new attorney to prosecute the trademark application.

How does the process work with Trademark Angel? What happens after I buy a trademark package?

There are 3 ways how you can proceed:

  1. Book an initial phone call with us. Here is the link for the trademark package
  2. Ask for a free preliminary trademark search to get an idea of whether your trademark can be registered. This is a basic search but if your mark is unregistrable, we’ll be able to tell you. Order your search here.
  3. Buy a trademark package right away to start the trademark registration process without further delay. You can see our pricing on this page and can buy directly from our website.

What happens after I buy a trademark package?

  1. We’ll confirm your order.
  2. We’ll check if your trademark is registrable. A comprehensive trademark search will be done at this stage. We will provide detailed recommendations on how to increase the chances of achieving registration if your trademark turns out to be problematic.
  3. If your trademark is registrable, we’ll move forward with the trademark registration process.
  4. If your trademark has low chances of achieving registration, you will have 3 options:
  • Ask for a full refund;
  • Come up with a different name. We will provide detailed instructions for this. Further trademark searches are included in the package and there is no extra cost. We’ll keep searching until we find a registrable trademark;
  • Proceed with the filing anyway.

The choice is yours. Make the first step now.

Who will file my trademark application?

As of August 3, 2019, the United States Patent and Trademark (USPTO) now requires foreign domiciled applicants (read: non-US applicants) and registrants to appoint a US attorney on all US trademark filings and representations before TTAB. We work with a few trusted US attorneys so can file and take over your recently filed trademark applications. If you filed yourself, we can take over your application and appoint a US licensed attorney, at no cost to you.

Since this is how we always filed, our fees remained the same unlike many other firms that increased their fees following the introduction of this new rule.

In every country where we file, a licensed attorney or trademark agents submits your trademark application so that you get proper legal representation.

What is the fastest way to obtain a trademark for Brand Registry purposes?

The fastest guaranteed way to get a trademark registered for Brand Registry is to file a word mark (without logo) or a logo in Germany using the accelerated examination option. It takes up to 4 weeks with the accelerated examination option and about 2-3 months with regular examination.

We always file electronically so this ensures the fastest processing of the trademark application.

Also, in our experience, trademarks filed in a single class results in the quickest registration.

Filing in the UK or the EU will also ensure a quick entry into Brand Registry (about 3.5-4 months).

My Amazon account has been suspended. Can you help?

We can help you to reinstate your Amazon seller account.

As reasons for suspension can be different, please contact us with your details to get a custom flat-fee quote. Our prices are very reasonable and very competitive.

1. How long does it take to write an appeal?

A: Please allow 7-14 days to prepare an appeal after we receive all the requested information.

2. What information do you need to start working on the reinstatement?

A: We will need some information from you and we’ll also need your support as we continue working on the reinstatement.

We’ll need: Seller Performance Notifications, you will also be involved as we need to ask more questions to understand the situation and assess if we can help you as not all suspensions are the same. We need access to the account specific to MYI, Seller performance notifications, A-Z Guarantee Claim, Orders, Buyer Seller Messages and Seller Metrics.

3. Can you reinstate my entire account as well as my ASIN listings?

A: Yes, the main goal is to reinstatement your Amazon account. Once this is done, the listings will be reinstated as well.

4. Can you guarantee reinstatement?

A: With Amazon account suspensions, nobody can give you 100% guarantee as we depend on Amazon. Our success rate is 75% for accounts reinstatement.