One of the primary aspects entrepreneurs must pay attention to when running a business is intellectual property protection. However, it is hard for non-lawyers to navigate the complexity of trademark laws and identify which brand assets fall under this category.
In this article, you will find the basic types of trademarks business owners should consider filing for registration.
Is Trademark Registration Necessary? – A Realistic Overview
Trademark rights stem from their active use in business, which means they do not necessarily require registration for legal protection. While it is possible to enforce unregistered trademarks, the best approach is to file for registration.
Trademark owners can file for registration at the state or federal levels. State registration is generally cheaper and offers faster processing speed, but federally registered trademarks enjoy superior legal protection.
To obtain a federal trademark, applicants must file with the United States Patent and Trademark Office (USPTO). The federal registration process can be complex and time-consuming, which makes the guidance of a trademark lawyer fundamental to guarantee a successful outcome.
Types of Trademarks – Taking a Closer Look
Protecting a business name should be a top priority on the checklist of any business owner. A business name can be used to identify the source of products or services and create a strong connection in consumers’ minds.
Good examples of global brands that have powerful trademarks associated with their business names include Spotify, Kodak, and Nike.
In essence, a brand is a name given to a product or service offered by a company. Brands are often solid assets, as the unique names of products or services may distinguish them in the marketplace.
Well-established companies like McDonald’s have several examples of profitable brands, including trademarked names like Big Mac and McMuffin.
It is hard to dissociate well-known companies from their logos. A logo can be a graphic mark, emblem, or any symbol used to create immediate identification and recognition between a company and its goods or services.
Many logos are based on abstract designs without written words, while others may even combine images and text. Examples of trademark logos associated with global companies include Nike, Starbucks, and Apple.
Please note that logos generally require a separate application when filing with USPTO. Hence, the underlying name included in a logo can still enjoy protection if the image or design eventually changes.
Generally designed to be a memorable motto or catchy phrase, a slogan can also be registered as a federal trademark. Examples of important trademarked slogans include Red Bull’s iconic “Red Bull Gives You Wings” and Walmart’s “Save Money, Live Better.”
The concept of trade dress encompasses a variety of visual characteristics associated with product packaging that allows consumers to immediately recognize the source of products or services.
For example, when a customer walks into an In-N-Out franchise, he or she can instantly recognize particular patterns in the business layout. This unique look and user experience can be protected by federal trademark registration.
Protect Your Trademark Rights – Immediately Seek Expert Legal Guidance
Waste no time with uncertainty. Contact Attorney Romy B. Jurado by calling (305) 921-0976 or emailing Romy@juradolawfirm.com to find the best trademark protection strategy for your case.