What is a Trademark &
Why do I need to Register One?
A trademark can be a word, phrase, slogan, logo, symbol, design, or a combination of them, that consumers connect with your goods or service within the marketplace. Your trademark is how consumers recognize you, your brand, or company in commerce. Your trademark also helps to distinguish you from your competitors.
There are two main types of trademarks: wordmarks and logos. There are also trademarks such as sound marks, although these are very rare. One well-know example of a sound mark is NBC'S famous chimes jingle (U.S. Reg. No. 916,522).
Originally, a trade dress included only the packaging or "dressing" of a product. nI recent years, the definition has been expanded to encompass the design of a product. A trade dress is the unique style, appearance, or packaging of a product that helps consumers identify a product with a particular brand or company.
A trade dress includes the design of a product (the product's shape or configuration), the packaging in which a product is sold (the "dressing" of the product), the color of a product or packaging in which the product is sold.
For example, think about how a Coke bottle looks or how an Adidas shoe is designed - that is their trade dress. To register as a trade dress, you have to clearly provide details of the package or design along with specimens to show proof of use in commerce. Trade dress applications are filed at the USPTO as you would file a normal trademark application. The difference is in the "drawing" that is uploaded to the USPTO and the specimens submitted.
Famous Trade Dress Registrations at the USPTO
How is a trademark ™ different from a registered ® trademark?
You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and only apply to the geographic area in which you're providing your goods or services. If you want stronger, nationwide rights, you'll need to apply to register your trademark with the USPTO. A registered trademark provides broader rights and protections than an unregistered one.
Let's say you are sell handmade jewelry your local farmer's market under your brand. As your business grows and you expand to an online retail store, you might want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means that you create nationwide rights in your trademark.
Why do I need to register a trademark with the USPTO?
So no one else beats you to the U.S. trademark office with your brand. The USPTO has a first to file system. Those who stand in line first are reviewed and granted trademarks before those who filed after. If someone files before you, yet you have been selling longer, the cost to oppose or cancel their trademark at the USPTO is expensive. Attorney fees to oppose or cancel a trademark that was filed before yours can range anywhere from $3,000 to $100,000, depending on how much each party wants to fight.
A registered trademark helps protect your brand on platforms such as Amazon. Having a registered trademark helps stop counterfeiters and imitators copying your brand on platforms like Etsy, Ebay, and Amazon. Filing a new trademark application at the U.S. Patent and Trademark Office (USPTO) is also an important step for joining Amazon's Brand Registry.
Because you are serious about your brand and you're thinking big! Brand owners who have a registered trademark are long-term thinkers. For those thinking long-term, a registered trademark for your brand adds value to your company. They know the power of protecting their intellectual property and how that plays into the valuation of a company when they go to sell, or go public on a stock exchange.
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