Trademarks are everywhere. Look at your watch, phone, shoes, computer – all of these have a trademark associated with them. A trademark identifies and distinguishes a specific product or service from others in the marketplace. And did you know that many different things can BE trademarked – logos, package shapes, smells, colors, and even sounds?
So now that you know what a trademark IS, how do you protect them? Here are 4 ways that a trademark owner can use to protect their trademarks.
1. Do your homework. Your first step is to make sure that new catchy phrase or name isn’t already in use by someone else. Conduct a trademark search or hire a company like Corporation Service Company to do one for you!
2. Don’t leave your trademarks NAKED! Use the superscript ™ symbol to put the public on notice that you believe the mark to be yours. If you have a registered trademark, you are eligible to use the circle R symbol ®. But only use the circle R if your mark is REGISTERED – otherwise you are breaking the law!
3. Register your mark with the US Patent and Trademark Office or your National Trademark Registry. Although trademark owners in the United States have common law rights without registering the mark, registration provides nationwide protection against trademark infringers. Your rights regarding a trademark registration in other jurisdictions will vary from country to country.
4. Defend your marks. Sign up for a trademark watching service which will alert you when marks are filed either in the US or Worldwide that are similar to your mark – allowing you to file an opposition with the trademark office. In some countries, if you do not waive the white flag and yell “Yoo-hoo, this mark is too close to mine”, you lose your rights forever. Don’t be left exposed! CSC offers a trademark watching service too – let us help you defend and protect your valuable trademark assets. Click here for more info on the CSC Trademark Watching service.
Kimberly Wieland
Senior Director of Trademark & Brand Services, Corporation Service Company