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When should I not file a trademark?

Posted on by trademarkangel

This may seem like an odd question to ask, but it’s a good one to consider when beginning your journey into a trademark registration territory. Trademark Angel is here to help guide the way!

So, you shouldn’t file you are a trademark if:

  1. You haven’t searched the availability of the mark first

Filing without searching can be a surefire way to get into trouble. It’s like driving down a highway without any headlights. It’s often the case that you’ll make it all the way to the USPTO examiner (a potentially lengthy process all on its own) before he or she cites a prior registration as an obstacle to your own registration goals. What a waste of your business’ time!

In fact, even if your application makes it all the way to official registration. Third parties still have another five years to petition for cancellation based upon prior use. This is why it’s always better to search the availability and potential success of your proposed trademark before beginning the process of registration.

While an initial trademark search may be done on the USPTO website. It’s a good idea to consult with a trademark professional before looking into the use of a potential logo.

  1. Filing may prompt an unwarranted objection

You may not know this, but trademark applications are a matter of public record.

This means that many sophisticated trademark owners hire “watching services” to keep an eye out for any new trademark filings that infringe upon their own trademarks!

Sometimes, it’s best to fly under the radar; not filing a trademark won’t give you the same benefits as official registration. But it does allow you to keep some of the bigger businesses off your back!

  1. The mark is too descriptive, generic or scandalous

Remember: the Trademarks Office may refuse registration of a mark that merely describes an ingredient, quality, characteristic, function, feature, purpose or use of your particular goods and/or services. A seasoned brand lawyer will be able to help with this: they can often point out when a mark might be flagged as too descriptive or generic, and prompt you to come up with something more distinctive.

Example of a descriptive trademark: SUPER GROW within the fertilizer market.

Exception to the rule: Descriptive trademarks may be registered after a period of extensive use. A good example is BEST BUY.

It’s also important to note that, in the US, descriptive marks can be registered on the Supplemental Register if they are already in use (and can be proven as such) in a US-centric marketplace.

On the other hand, scandalous or deceptive marks can likewise be flagged, in which case a trademark lawyer could point out the respective issues and assist you in coming up with something more registrable.

Example of a deceptive trademark: ALL BRAN for cereal that does not contain any bran.

Examples of scandalous trademarks: DICK HEAD for restaurant services; JACK-OFF for adult entertainment.

  1. The anticipated lifespan of the mark is short lived

You should know that the earliest that one can expect a registration to be officially issued is about six months after a successful filing. This does not take into account any potential objections to the registration, or whether or not the proposed label is already in use. Either of these variables can mean a considerably longer registration time than anticipated.

This means that, if the intended use of the mark is limited in duration, there may not be much value in spending the resources to file an application. Although registration provides many important benefits, the trademark owner may simply rely on “common law rights” which come from using the mark in the sale or provision of goods or services.

  1. The trademark owner already owns a similar registration

It is not necessary to register a mark for everything under the sun. In the U.S., the “related goods” doctrine often protects goods and services that are closely related to current trademarks by the same company.

For example, if an owner has a trademark for t-shirts. It may not be worth filing a new application to register that same mark for sweatshirts or hooded shirts. In fact, if a third party started selling sweatshirts under the same mark, it would likely be considered trademark infringement; consumers would realistically expect the goods to come from the same source!

There are many other instances in which applying for trademark registration may not be necessary or advisable.

However, registering a brand is often the most prudent way to maximize brand value and minimize risk conflict, especially with competing businesses. In these cases, a trademark professional can provide you with the pros and cons of your particular trademarking goals. Which means you get to spend less time worrying about trademark registration and more time running your business.

Trademark Angel is here to help.

Please feel free to contact us, no obligation. With any questions about the possibility of logo registration for you and your growing business!

Why conduct a trademark search?

Posted on by trademarkangel

Conduct trademark search is one of the most important and overlooked aspects of the trademark registration process. The purpose of a trademark search is to check if the brand you selected is available for use and registration.

Without a proper search, another company may prevent you from using the mark you selected if such use will create trademark confusion in the marketplace.

Let’s suppose you come up with a great name for your new product, gluten-free noodles that you will sell online, and your Google search results didn’t find any exact matches. You check Facebook and Twitter and your name is available there.

As a next step, you make plans to move forward with the selected name and your new product line. You buy a domain name and order a logo. You hire a developer who creates a cool website. You go ahead and order ingredients, packaging, equipment, advertising materials and start the production phase. To boost sales and make your brand more visible online, you invest in SEO.

You are all set, right? No! You haven’t done a proper trademark search to check if the use of the name you selected conflicts with a mark already used or registered by others.

Then one day, out of the blue, you receive a cease and desist letter demanding that you stop using the name that apparently another company is already using and has registered with the Trademarks Office. The letter you receive states that your continued use of THEIR name constitutes trademark infringement and unfair competition.

This company demands that you immediately stop using the name in which you have already invested a ton of money, time, energy and resources. But how can you stop using it now? A website alone cost you a couple of thousands of dollars. I am not talking about all the noodles that have already been produced and waiting its turn to be sold.  The letter threatens with legal action if you don’t comply within 10 days of receipt. In addition, you can be liable for attorney’s fees and damages for using someone else’s trademark.

You have a tough decision to make: ignore and potentially face a legal action or re-brand!

So, instead of this major mega-headache and inevitable re-branding, wouldn’t it have been better to conduct trademark search, right from the beginning?

A professionally done trademark search will

  • Prevent you from spending resources and money on a mark that may not be available
  • Provide you with time and flexibility to modify your mark before you launch your product or service
  • Help you avoid the costly business disruption associated with a forced rebranding if you adopt a name that’s not available
  • Help you avoid the costs of litigating a dispute
  • Help you sleep soundly at night knowing the name you selected is yours
  • Provide you with insight on how to deal with a mark that may potentially be problematic

Most trademark agencies and law firms will charge you for a trademark search. Not Trademark Angel. We will do it absolutely free and there is no obligation to buy.

Get your trademark search without a fuss,

With no obligation, free – on us!

What Every Business Should Know about Trademarks Registration?

Posted on by trademarkangel

When small businesses talk about intellectual property, it’s always one of their highest priorities. In fact, a growing business’ intellectual property (including things like trademarks registration, copyrights, and patents) is what separates continued long-term expansion from early floundering and regrettable plateaus in growth that could have been avoided.

If you’re unfamiliar with intellectual property or unsure of what composes intellectual property, take a look below at some of the questions we’ve gone ahead and answered for you.

1) What’s the Difference Between Copyrights, Trademarks, and Patents?

This is a common question, but luckily it has a simple answer! Copyright protects creative pieces that most often take the form of literature, music, songs, or visual art. Patents are used to protect new processes, inventions or even improvements to design. A trademark protects a product or service name, a company logo, or a tagline (slogan).

2) What Are Trademark Rights?

The official registration of a trademark is an important way to increase and extend trademarks registration rights, but registration is not always necessary. In fact, trademark rights are maintained through the continued use of the trademark itself in your products or services.

3) Can I Register a Trademark for Every Product and/or Service that My Business Offers?

You’re able to obtain registration for any specific goods and/or services that are integral to your business (and that are listed in your application!).  But take note: the more products or services you want to cover, the more you’ll pay in application filing fees.

4) Why Do I Need My Trademarks registration?

Even though you may have the name of your brand or business on a public website or storefront does not mean that it is fully protected by trademark law. In order to get full protection, you’ll need to register your trademark with the United States Patent and Trademark Office (USPTO) or the Canadian Trademarks Registration Office or the Trademarks Office in your jurisdiction. Having a registered trademark will make it much easier to enforce trademark rights, pursue any infringers, and take them to federal court for the unauthorized use of your trademark.

5) My Business Name is Incorporated; Do I Still Need a Trademark?

Unfortunately, simply incorporating or registering a corporate name does not create any trademark rights, nor does it constitute any type of government approval for you to use the name as a trademark.

6) I Have a Domain Name; Do I Still Need a Trademark?

Unless you are using the domain name as a trademark (a source indicator) on your website, merely registering it as a domain name does not by itself create trademark rights.

7) What Happens if I Stop Using My Trademark?

In many jurisdictions, including Canada and the US, trademark rights are maintained through the continued use of the trademark. This means that, if a company stops using, abandons or neglects a trademark, a court may find that it has abandoned its rights. Then, other companies would be free to adopt and use the mark as their own. In fact, in the US, you must file mandatory post-registration documents to prove that the products and services listed in your registration have remained in use.

8) Can I File a Trademark Application Just to Preserve a Name or Motto? Can I Just Protect my Company Brand?

Unfortunately, you cannot register a trademark if you have no intention of using it; it doesn’t work if your goal is to just “keep people away from it” or “make it yours”.

Also, you always have to list specific products for your trademark even if you are protecting your “company brand”. A trademark (no matter what kind of kind of trademark it is) is always filed for specific products. You simply cannot file a trademark without listing the specific products or services that are sold or will be sold under this name.

9) Is it True that Trademarks are Territorial?

Yes. You’ll have to register your trademark with the trademark office in every country where you want trademark protection. Just because you registered in Canada does not mean that you are going to be protected in the United States, and vice versa.

10) Should I Save on Professional Fees and File my Trademark Myself?

Not a good idea. While it’s possible to file yourself, working alongside a trademark professional will ensure that all the necessary steps are taken care of, which will help minimize costly registration mistakes and possibly speed up the registration process.

11) I Found Such a Cool Name that Clearly Describes my Products!

Be careful; remember that the more closely your new trademark merely describes the product, its functions, or its features, the more likely you’ll have problems registering it.  You are always better off picking a name that is not merely descriptive.

12) So When Can I Use Trademark Symbols?

It depends on where you’re located. In Canada, there are no marking requirements to prevent you from using the trademark symbol. However, it’s always a good idea to use them when you do have ownership of said trademarks. In the US, however, you may not use the ® symbol with a trademark until that trademark is officially registered (not just filed).

13) If you are an Amazon Seller, Registering your Trademark is Very Important!

If you are a private label seller on Amazon, registering your trademark is extremely important as registration will allow you to get into Amazon Brand Registry 2 to have full control over your products and services!

We understand that this can be a lot of information to take in when it comes intellectual property, trademarks registration, and trademark protection! If you have any other questions about the trademarking processor if you’d just like to talk with a trademark expert about your plans for registration—please feel to give Trademark Angel a call and say hello! We are happy to assist with any step of the trademarking process to support you and your expanding business.

Principal or Supplemental Register for your trademark?

Posted on by trademarkangel

Descriptive trademarks: The United States Trademark Act, also known as the Lanham Act, allows you to register your marks with the United States Patent and Trademark Office (USPTO). Unfortunately, many people don’t know is that there are two avenues through which you can register your trademark: the Principal Register, and the lesser known Supplemental Register.

Before we go into these avenues, it’s important to understand how trademarks are identified, and thus the different kind of trademarks that you may own. Only then will these avenues of trademark registration make sense.

First things first: A trademark (a logo, word, slogan that identifies your company, product or service) can only be registered as a trademark if it’s proven to be distinctive. A distinctive trademark is one that consists of unique, invented or suggestive words that help to distinguish your company from the marketplace. In contrast to this is the descriptive trademark, which is typically used to describe or name the characteristics/qualities of the services being offered. In other words, descriptive trademarks simply describe the goods or services for which the mark is used.

Why does this matter? Owning a descriptive trademark precludes you from using the Principal Register during trademarking, and instead potentially funnels you into the Supplemental Register. What does that mean? Well, there are certain compromises that you’ll have to face using the Supplemental Register. Does that mean you shouldn’t use this avenue? Of course not! But it’s important to note what the Principal Register offers before deciding whether the Supplemental Register is the right one for you.

The Principal Register is used for distinctive trademarks, and it usually offers more thorough legal protection and reparation from trademarking-related damages. Registration on the Principal Register has many benefits, including:

  • providing the registrant with prima facie evidence of ownership of the mark
  • the legal presumption of a mark’s validity, and
  • acknowledgment of a mark’s exclusive and continuous use

A mark can be distinctive right from the beginning, or it can become distinctive through extensive use. A good example of a mark that started out descriptive, but turned distinctive, is that of the electronics giant Best Buy®.

A descriptive trademark can become distinctive if it attains what is called a “secondary meaning”; in other words, the public begins to associate the descriptive trademark not with the particular qualities or types of products or services being offered, but with the business/producer itself. How is this achieved? Typically, through large amounts of publicity, nationwide and/or influential sales, or long-term use. Case-in-point: “Best Buy” evolved from merely a catchy description of an electronics store and its services and, due to rapid growth and national marketing campaigns, soon became synonymous with the business itself. When people heard the term “Best Buy”, they knew what company it was addressing. This is precisely what turns a descriptive trademark into a distinctive one.

You might be thinking that having a descriptive trademark alone is not going to be good enough for you and your business, especially if changing the name is not an option. But how am I supposed to make myself as big as Best Buy® without having a trademark?!

The good news is that the Supplemental Register (used for descriptive trademarks) can be a vital alternative if registration on the Principal Register is a failure. For example, you might attempt to file your trademark on the Principal Register, but learn that your trademark is not distinctive enough to qualify for such registration. If you get a response that your potential trademark is “merely descriptive” and thus refused, it may be possible to move the application over to the Supplemental Register. And if you can, you should!

The Supplemental Register does not cover the same legal bases of the Principal Register, but it is capable of legally distinguishing your business’ goods and services and offering you protection.

Examples of descriptive trademarks that haven’t reached the level of a distinctive trademark include the names of new magazines, which are often merely a description of the magazine’s contents/prospective audience.

A few examples of magazines on the  Supplemental Register are BOY STYLE MAGAZINE, an online magazine for boys fashion; MARIJUANA BUSINESS MAGAZINE, a publication within the field of the cannabis industry; and PALEO MAGAZINE – a magazine within the field of health, nutrition, and diet.

These magazines experience a number of benefits that come with Supplemental Registration:

  • The mark will appear in trademark searches and thus prevent registration of similar marks either on Principal or Supplemental Registers
  • Registrants can use the ® symbol once the mark is registered
  • A mark on the Supplemental Register may still be used for writing cease-and-desist letters
  • A mark under the Supplemental Register can assist in achieving registration in foreign countries (under the Paris Convention)
  • It can be used to prove exclusive use for a period of five years, upon which it may then qualify for Principal Registration
  • The marks on the Supplemental Register are not open for third-party oppositions, so these marks cannot be opposed like their counterparts on the Principal Register

The goal for these magazines, through their sales and circulation, is to reach the status of being able to be registered on the Principal Register once their brands reach an acquired distinctiveness (like Best Buy®). However, there are still many benefits of having a trademark on the Supplemental Register.

It’s important to note what a trademark on the Supplemental Register cannot do (in contrast to a trademark on the Principal Register) so that you know what benefits you may experience when qualifying for the latter avenue.

  • A trademark on the Supplemental Register doesn’t convey the presumptions of ownership, validity and exclusive rights to use the trademark, and so must be proved when in court.
  • A registration on the Supplemental Register cannot be used to stop the importation of counterfeit products.
  • A registration on the Supplemental Registration cannot become incontestable after registration, no matter how long it stays in use. This is unlike a registration on the Principal Register, which is eligible to become incontestable after 5 years of continuous use.
  • Having a registration on the Supplemental Register does not preclude you from pursuing accusations of trademark infringement in federal court; it’s merely more difficult to do so, as you must prove that your mark has acquired a distinctive (or secondary) meaning for the court to take your suit seriously.
  • A registration on the Supplemental Register will not get you in the Amazon Brand Registry.

Furthermore, it’s important to note that, while you can file a trademark on the Principal Register on the basis of future use (i.e. intent-to-use) a trademark may only be filed or transferred to the Supplemental Register if it’s already in use in the US.

In conclusion, the avenue of the Principal Register provides you with the strongest trademark in legal terms. It’s common, though, for a new or unknown trademark that is descriptive to not qualify for this status, which is when you might consider the avenue of the Supplemental Register, which still offers you adequate legal protection.

You might apply for registration on the Principal Register and then upon failure amend your application for registration on the Supplemental Register. If you already know that your mark is descriptive, then you can also file directly on the Supplemental Register, although most applicants prefer to file on the Principal Register and then only amend if prompted to do so by an examining attorney. Either way, it’s helpful to know what avenues are available to you and your growing business.

Principal or Supplemental Trademark

Trademark Angel is here to help you decide what path is best for you and your trademark and to walk along that path to successful registration alongside you. Whether it’s trademark registration on the Principal Register or Supplemental Register, Trademark Angel has the experience and the expertise to get your company protected, trademarked, and on the path to sustained growth.

P.S. If you would like to know how to choose or select a great trademark for your business watch this quick video.

Differences between Canadian and US trademarks

Posted on by trademarkangel

Updated Dec 30, 2024

Generally, the US and Canada trademarks have similar trademark application requirements. Nevertheless, some differences exist between the two.

1. Extra filing fees for goods (products) or services in two or more classes

In the US, all goods and services are classified (divided) into 45 distinct classes.  The filing fees in the US depend on the number of selected “classes” of goods or services in the trademark application. There is no discount on government fees regardless of the number of classes.

On the other hand, in Canada, the government fees are discounted from the 2nd class, so the full fee is only paid for the 1st class of goods or services.

2. Registration of trademarks

Canada and the US have separate trademark registration systems. A trademark which is registrable in the US may not be registrable in the Canada, and vice versa.

3. Change of filing basis

In the US, applications can be filed on the “use” basis or “intent to use” basis.

In the US, an applicant can file a trademark application based on “intent to use” if he/she has not sold any products in the US yet. He/she can later change the filing basis to “use.”

In July 2019 Canada got rid of the bases so now when an application is filed, there is no filing basis. Use is still important but right now there is no way of knowing if a mark is in use or not when it’s filed.

4. Non-traditional marks

Canada recently started accepting applications for non-traditional types of trademarks.

The United States has been more open in registering non-traditional trademarks. In the United States, sound trademarks have been registered for over 60 years, and other non-traditional marks like motions, scents, textures and holograms have been registered.

5. Principal and Supplemental registers

A single trademark register (place where trademarks can be registered) is used in Canada.

In the US Federal law, both Principal and Supplemental registers are present. The Supplemental Register simply provides limited protection for trademarks which are not registrable on the Principal Register.

Trademarks which only describe the goods or services of the applicant are ineligible for registration on the Principal Register, but such marks may be eligible for registration on the Supplemental Register. If a mark is registered on the Supplemental Register, the trademark owner can use the trademark together with the ® symbol, and the trademark will be cited by the United States Patent and Trademark Office against any pending applications.

6. Evidence of Use

For US trademark applications filed on an “intent to use” basis, a mandatory Statement of Use must be filed before a trademark is registered. Generally, an applicant get 6 months to file Statement of use after the trademark has been allowed. Up to 5 6-month extensions of time may be obtained.

7. Post registration maintenance

Both in Canada and the US, the renewal period is every 10 years.

However, in the US, there is an extra step: a mandatory post-registration Declaration of Use must be filed between the 5th and the 6th year after registration in order to maintain the trademark. At the time registrant, once again, must prove use of the trademark in order to maintain it.

8. Use of the ® Symbol

Trademark owners are not required to use the ® Symbol in the United States and Canada.

In the US, the ® symbol can only be used with a registered trademark.

9. Opposition period

The opposition period is two months in Canada.

In the US it’s only 30 days after a trademark has been advertised for opposition purposes.

10. Time from filing to registration

It takes on average of 9-11 months after filing to achieve registration in the US.

In Canada, it takes much longer: currently it takes 36 months or even more from filing to registration.

11. Extensions of time

In the US, the number of extensions you can get is strictly regulated. One cannot get an extension of time to respond to an office action and five extensions of time are available once a trademark is allowed.

Canadian Trademarks Office is more lenient when it comes to asking for an extension of time.

11. Official trademarks

“Official marks” are available in Canada only. These are special marks used by governments, public authorities, Royalty, and universities. Official trademarks include the Red Cross, Olympic rings, the Royal Arms and the national flags of most countries.

The US does not have official marks.

Conclusion:

Although the US and Canadian trademark law have some similarities, there are still differences between the two countries’ law.

Knowing the similarities and differences between Canadian and American trademark laws can assist brand owners ineffective trademark portfolio management in both countries.

Trademark Angel can help you determine which trademarks need to be protected and in which jurisdictions. You can contact us today for a free trademark consultation. We are here to help you with your trademark issues.

Are you an Amazon seller? It’s time to register your trademark!

Posted on by trademarkangel

Amazon Brand Registry & Cost – Trademark Registration for Amazon

Amazon Brand Registry program requirements were released in May 2017, meaning you need to register your trademark to have full control over your products and services!

Wait, what exactly is Amazon’s Brand Registry program?

Amazon’s Brand Registry program is described (according to Amazon) in the picture below:

“Amazon Brand Registry 2 helps you protect your registered trademarks on Amazon and create an accurate and trusted experience for customers. Your enrollment in the Amazon Brand Registry provides access to powerful tools including proprietary text and image search, predictive automation based on your reports of suspected intellectual property rights violations, and increased authority over product listings with your brand name.” (Amazon.com Registration Page)

In other words, the program is designed to make managing your brand easier. This includes important tools like A) retaining control over product titles, images, and descriptions, B) reducing matching errors with similar companies that can occur when items are listed, C) effectively listing products and/or services with high volumes, and D) flagging and removing counterfeit (or copycat) items within the Brand Registry amazon that decrease the visibility of your own products and services.

So, what does Amazon Brand Registry program have to do with registering my trademark?

The program only allows brands that already own a registered trademark. Please note that you need to have a “standard character” trademark, so registering a logo will not allow you to enroll in the Brand Registry 2.

Trademark for Amazon brand registry and cost:

This is the notice that you’ll get if you submit an unregistered trademark:

Is it really that important to sign up for Amazon’s Brand Registry program?

You know your business needs the best, but the following benefits ensure that your products and services remain competitive in the Internet marketplace. (And these benefits require a registered trademark!)

For manufacturers: your brand becomes fully integrated into the Amazon standard. This also benefits you if you are a distributor of hand-made products because it allows for the creation of product IDs (which keep your products organized and easy to find) in a cost-effective and standardized way.

For private-label and white-label sellers: If you distribute your products exclusively through Amazon, the Brand Registry program gives you the inventory tools needed to run a professional, high-volume business from an online storefront. It also allows you to customize the product IDs of your goods and services.

Amazon brand registration

So, if I want to sign up for the Amazon Brand Registry program…what should I do?

In addition to successfully registering a trademark, you’ll want to provide the following:

  • Image: a clear, professional image of your goods and/or products, with the trademark visible
  • Website: the link to an active website that shows evidence (photographs and/or videos) of your products and/or services
  • Key attribute: An attribute that makes your products and services distinct; it often comes in the form of a catalog number, a model number or a manufacturer part number

Is there a fee to join Amazon’s Brand Registry program?

There is no fee for applying and being accepted into the Amazon Brand Registry. However, you can only apply if you have a paid professional account.

In short, registering your trademark allows access to Amazon’s extensive Brand Registry program, which includes the necessities for a thriving business to grow in the competitive e-marketplace:

  • Protects your registered trademarks
  • Further legitimizes your business to consumers and clients
  • Provides access to new Amazon tools that keep your business visible
  • Supports predictive automation based on reports of suspected IP rights violations
  • Allows for proprietary text and image search
  • Increases your control over all listed products with your brand name

What does Trademark Angel have to do with Amazon’s Brand Registry program?

Trademark Angel is here to make the first step (registering your trademark) an easy one! That way, your business can enjoy the full benefits of Amazon’s services without the hassle of a traditional, expensive trademarking process.

Trademark Angel offers the following benefits related to Amazon brand registry trademark to all growing businesses that want to stand out in the hectic, and always competitive, online marketplace:

  •  A professionally registered trademark, guided by experts in trademark services
  • Competitive and flat fees, compared to the hidden fees and rising costs of other trademarking services
  • A completely free no-obligation trademark search to determine if your trademark is available for registration

Please don’t hesitate to contact Trademark Angel to get this process started! The sooner you begin, the closer you’ll be to a thriving e-business capable of taking on the world.

Amazon brand registry cost

What is a trademark?

Posted on by trademarkangel

A trademark is a unique identifier, which can be a word, symbol, logo, tagline, or a combination of these, used in connection with products or services. Trademarks can also take unconventional forms such as smells, textures, sounds, or even specific colors. However, in today’s commercial landscape, the majority of trademarks are word marks, logos (symbols), or taglines (slogans).

The primary purpose of a trademark is to distinguish the goods or services of one individual or business from those of others in the marketplace. In essence, a trademark serves as the identity of your product or service, often referred to as a “brand” in business contexts. By providing a unique identifier, a trademark ensures that consumers can easily recognize and trust your offerings, setting them apart from competitors.

Additionally, trademarks play a critical role in safeguarding your brand and business. They prevent other individuals or companies from offering products or services that are confusingly similar to yours, thereby protecting your brand’s integrity and consumer trust. This legal protection ensures that your reputation and the goodwill associated with your brand remain intact.

A trademark also embodies the reputation of its owner. It represents the quality, reliability, and value that customers have come to expect from a specific provider. In this sense, it is not just a symbol or a word; it is a promise of consistency and excellence.

It’s essential to understand that owning a trademark doesn’t grant an absolute monopoly over a word, symbol, or phrase in all contexts. Instead, it provides exclusive rights over the association or “mental link” between that identifier and the goods or services you provide. This distinction is critical in ensuring fair competition while protecting intellectual property.

Think of a trademark as a shortcut for consumers, guiding them to the products or services they seek without confusion. It acts like a lighthouse, helping customers navigate through a sea of options and directing them toward the brand they know and trust.

Ultimately, a trademark is more than just a legal tool—it is a vital element of brand identity, consumer trust, and market differentiation.

If you would like to know whether you have a trademark  and whether your trademark is registrable, please contact us!