What Is a Trademark?

A trademark is a distinct signifier, be it a word, symbol, or ensignia, that identifies a particular product and sets it apart legally from other products on the market. A trademark exclusively identifies a product as belonging to a particular company and recognizes the company's ownership of the brand. Trademarks are considered a form of intellectual property.

Trademark Protections

A trademark prevents others from using a company's or an individual's products or services without their permission. Trademark laws prohibit a business from using a symbol or brand name if it looks or sounds similar, or has a similar meaning to one that already exists for a similar entity. For example, ꦦ💛a soft drink company can't legally use a symbol that looks like that of Coca-Cola and it can't use a name that sounds like Coke.

Trademarks in the United States are registered through the United States Patent and Trademark Office (USPTO) and identified with the ® symbol. Unregistered trademarks can be recognized with the ™ symbol and are also protected. By using this symbol, the trademark owner indicates they are using common law to protect their interests.

Trademark holders have the right to the trademark for the life of the product or service, with exceptions. The user is required to make continuous, lawful use of the trademark to take advantage of trademark laws. A company or individual must regularly 澳洲幸运5开奖号码历史查询:manufacture, produce, market, and sell a product with a particular trademark for the trademark law to be enforceable. This can be done every five years by filing a Section 8 declaration through the USPTO. Failure to file can result in the loss of registration.

Valuing a Trademark

Trademarks can be bought and sold, much like other property. Trademarks can be licensed to other companies for an agreed-upon time or under certain conditions. LEGO has partnered with certain movie 澳洲幸运5开奖号码历史查询:franchises, for example. The company licenses many famous sub-brands, such as Star Wars and DC Comics, to produce themed LEGO products featuring their char🔜acters.

Trademarks are an effective way to market brand names. Some brands, like Kleenex, are so prominent that they have almost replaced the original word for the item or service, like asking for a Kleenex instead of a tissue. Kimberly-Clark owns the Kleenex trademark and launched the brand in 1924 as a disposable tissue for removing cosmetics. In 1930, the company launched the brand again, this time as a substitute for handkerchiefs.

Consumer goods and pharma giant Johnson & Johnson began making sterile gauze dressings as early as 1887. But it wasn't until 1920 that the company launched its BAND-AID Brand adhesive bandage. This trademarked name is commonly used to denote an adhesive first-aid product.

Trademark vs. Patent vs. Copyright

Trademarks are distinctly different from patents and copyrights. A patent grants the design, process, and invention rights to its inventor. The inventor must make full disclosure of the invention—the design and the process—through the USPTO. This gives the inventor full protection over the product or service in question for a certain period. Anyone can make use of the invention by producing, marketing, and selling it after the patent expires.

This is common in the pharmaceutical industry. A drug company that patents a drug has exclusive rights over it for a certain period before other companies can market and sell generic versions to the public.

Copyrights give protection to the owners of intellectual property. 澳洲幸运5开奖号码历史查询:Copyright owners and those they authorize can exclusively reproduce the associated work for monetary gain for a specific period. Books, software, artwork, films, music, and designs are examples of work that can be covered by copyrights. To get a copyright and prevent 澳洲幸运5开奖号码历史查询:copyright infringement, the filer must make an application with the U.S. Copyright Office.

The Bottom Line

A trademark can be a valuable asset for a business, especially if it is♊ widely known and respected. For that reason, companies go to great lengths to protect their trademarks and make sure they remain legally enforceable.