A trademark can’t protect an idea or an invention. The only way to protect an idea is to keep it a secret, but some ideas can’t be kept secret once they are being used. For example, the idea for this website isn’t a secret now that we’ve launched it. The only way to protect an invention is to get a patent.
What can be protected as a trademark?
A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.
What words Cannot be registered as a trademark?
Words which are completely descriptive will not be registered as trademarks. For instance, apple for fruit or chocolate for confectionery. Anything likely to cause confusion or deception in the marketplace will also be rejected as a trademark.
What makes a trademark invalid?
Generally, there are four reasons invalidation of a registered extension of protection to the United States may occur: (1) cancellation proceedings instituted by a third party before the Trademark Trial and Appeal Board; (2) order of a federal court of the United States; (3) failure to file an acceptable §71 affidavit …
Does a trademark protect a domain name?
When trademark law protects a domain name, the owner has the right to prohibit the use of similar names or misspelled names by others.
How long does trademark last?
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.
What signs can be registered as a trademark?
A trademark is any distinctive sign capable of being represented graphically. There are many type of signs: word, images, shapes, letters, symbols, numbers, three-dimensional shapes (e.g. Packages, Wrapping), etc. The Trademark Registration grants a broad protection and is an important asset for your business.
Can you register a surname as a trademark?
Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or impression on the purchasing public is that of a mere surname and not a trademark …
Can you trademark a common word?
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.
What do I do if someone is 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.
What happens if a trademark is refused?
If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). … The appeal must be filed in the prescribed manner following the TradeMarks (Applications, Appeals and Fees to the Intellectual Property Appellate Board) Rules.
Is it hard to get trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.