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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/articles.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
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