Quick Answer: What Can Be Trademarked?

What words can be trademarked?

What Can Be Trademarked.

Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection.

Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked..

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

Can I sue someone for using my trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

Can a trademark have two owners?

Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. … As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

How do you get a word trademarked?

Steps to Trademark a WordConsult a trademark attorney. Trademarking a word is a complex process, so talk to a trademark attorney early in your planning. … Check for eligibility. … Register domain names. … Establish ownership. … File an Intent to Use. … File a Trademark Application. … Pay the filing fee.

How do I get my brand trademarked?

You can apply for your trade mark through the IP Australia website. Before you register for a trade mark make sure you know: what goods and services to protect.

Do trademarks expire?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

Who owns a trademark?

Normally, a trademark is owned by the company that uses the mark. Simply coming up with the idea for a trademark does not create rights in that mark. In some instances, a trademark can be owned by one company or individual and another company is authorized, or licensed, to use the mark.

The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.

Does my logo need a trademark?

By common law, a logo is trademarked as soon as it’s used in commerce. … However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.

How do I get a free trademark?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

How do you know if a saying is trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Do I need an attorney to file a trademark?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

Can phrases be copyrighted?

Copyright protection does not extend to titles, names, slogans or short phrases, the Copyright Office has made that much very clear. You can not copyright your name, the title of your post or any short phrase that you use to identify a work.

How long does trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What can and Cannot be trademarked?

Trademark Basics Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

What can be protected under trademark?

Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

What are the 3 types of trademarks?

Different Types of TrademarksDescriptive Trademarks;Merely Descriptive Trademarks;Generic Trademarks;

Can a saying be trademarked?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

Can 2 companies have same name?

Can two companies have the same name? Yes , they can have same name only if they should not be operating in the same industry and there logo design and trademark appearances should bot be same. … A company cannot have the same name as another registered company.