What are the basics of trademarks?

On Behalf of | Apr 26, 2023 | Trademark Law

When you have intellectual property (IP) to protect, you want to know exactly what sort of protections offer the coverage you need for your unique product.

A trademark is one of the most common forms of IP protection. But what exactly is it?

What is a trademark?

The United States Patent and Trademark Office goes into detail about the basics of trademarks. A trademark typically gets used for goods. Servicemarks, which serve a similar purpose, see use for services rather than goods.

A trademark provides legal protections for your brand, while also identifying the source of any goods or services you provide. It also provides protection against fraud and counterfeiting, which are major problems, especially in the goods industry.

What is the scope of protection?

You cannot register a phrase, word, symbol or design as a trademark unless you can show which goods or services get identified by the trademarked item.

You do not have to limit your trademark to one good or service. You can also use a trademark to protect both goods and services.

If you apply for more goods and services than you currently use or intend to use in the future, your application will likely end up denied.

Why should you register a trademark?

Having a trademark holds multiple benefits. A few of them include a legal presumption that you own the trademark and have free use of it, use of the federal trademark registration symbol, and a record of registration with the U.S. Customs and Border Protection to keep counterfeit goods from getting imported.

Altogether, these serve as good protection for those who wish to maintain their competitive edge in the market.