How to Trademark a Name and Logo
Introduction
If you want to protect your brand, it's important to understand what a trademark is and how it can help. A trademark can be an important part of building a successful business, but it's not always easy to get the name or logo of your company protected by law. This guide will walk you through the steps to trademarking your name and logo and explain how using them could affect your business in both good ways and bad ways.
Trademarking a Name and Logo
Trademarks are used to protect brand names, logos, and other identifying marks from being used by others. A trademark can be anything from a word or phrase (like Coca-Cola) to an image (such as the Nike swoosh). Service marks are similar types of classification for service providers such as restaurants and hotels. Trade names refer to the name under which your business operates, but they aren't protected under trademark law unless they're also used in connection with goods or services. Trademark rights cover any type of good or service that you make available to third parties in the marketplace; some examples include:
- Clothing
- Jewelry
- Furniture
Trademark Rights Explained
Trademark law protects names and symbols used in commerce to identify the source of goods or services. A trademark can be any word, phrase, symbol, or design that identifies the source of the goods or services being offered. It can also be a distinctive sound (like a jingle).
A trademark gives you certain rights to prevent others from using your mark on similar products or services if they could cause confusion among buyers as to who is offering them. For example, if you own a trademark for "Bigfoot" brand footwear and another company starts making "Bigfoot" shoes, you could stop them from using your mark if it would confuse consumers into thinking they were buying yours instead of theirs.
Trade Names, Trademarks, and Service Marks
A trademark is a legal term for a word, phrase, symbol, or design that identifies and distinguishes the products or services of one company from those of another. Brand names such as Coca-Cola and McDonald's are well-known trademarks.
Choose the Right Trademark Class
You will have to choose a trademark class for the name or logo you are seeking to trademark. Every product has its own specific class number and you need to choose the right one.
- Class 9 - Clothing, footwear, headgear
- Class 16 - Toys and sporting goods; games adapted for use with television receivers or computers; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
- Class 18 - Leather goods
- Class 25 - Cosmetics
Takeaway
In short, there are a lot of things to consider when it comes to trademarking a logo. It's important to understand that the process is not as simple as filling out an online form and paying a fee; it can be very time-consuming and often requires professional help.
Conclusion
It’s important to understand the difference between trademarks, service marks and trade names. Trademarking your name is a great way to protect yourself against competitors who may try and use it to their advantage. By registering your trademark, you can ensure that other people don't use it in any way they please.
