Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to www.uspto.gov. There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ® symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit http://www.kinesisinc.com/resources/article s.html for more articles and free marketing wisdom.

Want to harness the power of kinetic marketing? Sign up for Kinesis Quickies, a free bi-monthly marketing e-newsletter: http://www.news.kinesisinc.com

---

Light Up Necklaces Help Promote Red Doors Movie at the 2005 Tribeca Film Festival Awards

June 13, 2005 -- Jane Chen (Producer) of the Red... Read More

Is Your Logo Helping or Hurting Your Business?

The quality of your logo can mean the difference between... Read More

Speech on Branding from a Franchisor Founder

I was asked today by a group of students; What... Read More

Multi-Brand Franchises in the QSR Sector

Well not everyone is aware that McDonalds also owns several... Read More

How To Create A Brand That Sticks

Most people, when they hear the word branding, think logos... Read More

Creating Powerful Names for Products, Services, and Your Business

The name of your business is important--it's one of the... Read More

9 Keys to an Effective Logo

The right logo, with the right characteristics, will boost your... Read More

Effective Branding...Whats in a Name!

Ask any marketing executive and they will tell you that... Read More

How to Create Your Own Mail Order Products

Pick up almost any book or report on Mailorder Selling... Read More

Brand Identity and Brand Image - Brand Identity Guru

It is important to distinguish between corporate identity, brand identity,... Read More

Brand Equity

Brand equity can be defined in many different ways. I... Read More

Brand Your Name!

Have you ever thought about branding your name? Does the... Read More

Notable News - The Branding Myth

How many times have you heard of seen advertising for... Read More

How to Work with Your Graphic Designer

As a graphic designer, I can tell you something right... Read More

The Role of a Visual Vocabulary in Brand Identity Design

Visual elements are a major part of your business's brand... Read More

Strategic Moves In The Branding Gamble!

The so called 'globalisation' has cluttered the world markets with... Read More

Simple Risk Reversal Formula Will Send Your Sales Into Space (2 of 2)

Make A Bold Promise Then Back It Up With An... Read More

Extreme Makeover ? Small Business Edition

Have you ever watched one of those home makeover shows?... Read More

Co-Branding in Automotive Service Businesses

In a world of co-branding, point of destination strategies and... Read More

Strategy and Tips for a Successful Logo Design

Visual processing is the most important way for gathering information... Read More

When Search Engine Marketing and Trademarks Collide

In the world of marketing, branding issues are always an... Read More

Attract More Clients With A Brand Identity

You've probably heard that people buy products and services from... Read More

Corporate Identity - A Rough Guide

A rough guide to corporate identityThe tabloids report the millions... Read More

Wealthiest 10% of Americans Name Top Quality Brands for 8 Products in New Survey

The seventh in a continuing series of twice-yearly surveys by... Read More

Nike / Sears / Kmart

The Sears-Kmart merger hopes to fabricate some sort of silver... Read More

FTC Reviews The Franchise Rule

After more than a decade since the last attempt to... Read More

Your Identity Speaks Loudly...What Are You Saying?

Your corporate identity is a graphic expression of who you... Read More

The MOST Expensive Mistake You Can Make

Most people who own a small business have a huge... Read More

Mascots ? The Killer Promotional Concept

Mascots are the unique dolls or puppets that help identify... Read More

Too Dull? Too Sharp?

You work hard getting the right cover message and words... Read More

Understand Brand

Branding has been defined, explained and examined extensively. There are... Read More

Branding Yourself To Increased Profitability

Successful Realtors know the importance of branding their identities into... Read More

Hummer is an Excellent Brand

What size is your Hummer? Hummers Come in All Sizes;... Read More