Your company name, logo, and slogans aren't just marketing tools—they're valuable business assets that distinguish your products and services in the marketplace. Trademark protection ensures competitors can't use confusingly similar marks that could steal your customers or damage your reputation.

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What Can Be Trademarked?

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Trademarks protect brand identifiers used in commerce, including:

• Business and product names

• Logos and designs

• Slogans and taglines

• Sounds (like NBC's chimes)

• Colors (like Tiffany Blue)

• Product shapes and packaging

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The Three Requirements for Trademark Protection

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Your mark must be:

1. Distinctive: Customers must be able to identify it with your business as the source of goods/services

2. Unique: It can't conflict with existing registered trademarks

3. Used in Commerce: You must actually use it in business, not just reserve it

 

Choosing a Strong Trademark

 

The strength of your trademark affects how much protection you receive:

• Strongest: Fanciful (invented words like "Kodak") and Arbitrary (common words used unusually like "Apple" for computers)

• Medium: Suggestive marks that hint at qualities without describing them directly

• Weakest: Descriptive marks that merely describe the goods/services

 

Avoid generic terms—you can't trademark "Computer Store" for a computer retail business.

 

Federal vs. State Registration

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While you gain some rights simply by using a trademark in business, federal registration through the USPTO provides:

• Nationwide protection

• Legal presumption of ownership

• Right to use the ® symbol

• Stronger enforcement options

• Deterrent effect against infringers

 

The Registration Process

1. Conduct a trademark search to ensure your mark doesn't conflict with existing trademarks

2. File your application with the USPTO ($350+ per class of goods/services)

3. Respond to any office actions from examining attorneys

4. Wait for publication and potential opposition from other parties

5. Receive registration (typically 8-18 months total)

 

Maintaining Your Trademark

Unlike copyrights, trademarks can last forever if properly maintained:

• File maintenance documents between years 5-6

• Renew every 10 years thereafter

• Continue using the mark in commerce

• Monitor and enforce against infringers