What You Must Know About Trademark Protection


What is trademark protection? If you are in the business arena, you must probably know what it is and why it is important. Nevertheless, when you are new in the trade, it follows that you become aware of this. Your business will only be legally protected in a major way when you complete what is known as trademark registration.

But before that, you must know the essentials on how you can maximize your chances of qualifying for full legal trademark protection.

So, what is a trademark? Let us define it clearly.

A trademark is a symbol, a word, or a phrase that clearly classifies the source of the services or goods. Those who attempt to acquire what is known as the federal trademark registration under the United States Patent and Trademark Office are given an array of choices of different types of marks. An applicant may even choose from a character mark or some kind of special form mark. Included therein are the logo, stylized mark, and the design plus words mark.

Through all these choices, it is only significant that an applicant understands fully the type of mark that can provide only the best trademark protection and enforceability.

How do the character mark and special form mark differ from one another?

The character mark is the mark that is made up only of letters, words, numbers, or the combination of them. There is no particular color, stylized design, or image that forms part of it. Henceforth, the applicant that successfully has the trademark registration for the character mark will then gain the exclusive right in its use when it comes to the services or goods listed in the said application.

What is great about the character mark is that it provides the broadest and greatest protection for the owner. It then enables the owner to limit some third party's intention of using any mark that can be confusingly the same with the said mark. So, the word/s or phrases are not only protected but the owner can likewise use them in any medium and fashion as long as it is within the bounds of the indicated products or services in the application.

Meanwhile, the special form mark or that which is better known as the stylized or design mark, is utilized when the mark to be registered is made up of stylized letters, words, or numbers, or that which contains any design element. If the trademark owner prefers the protection not only of the characters but likewise of the color, design, and a lot other distinctive elements like the logo, then, the special form mark is what is required.

This kind of mark is also termed as the design plus words mark. An applicant should consider this when the mark has both a character and image component. But whenever there is any change that will mean the registration losing its enforceability

So, these are the basics that you need to learn about the so called trademark protection. To ensure that you will be able to enjoy exclusive rights to the trademark, it matters that you pay attention to the entire procedure itself.

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