For instance, the trademark “Adidas” identifies shoes made by Adidas and distinguishes them from those made by other companies like New Balance, Nike or Reebok. Similarly, the trademark “Pepsi” distinguishes the soda drink of another manufacturer of brown-colored soda like Coca Cola. Service marks on the other hand are used to distinguish one services from another instead of products, e.g. “Jiffy Lube.” Essentially, service marks are treated the same as trademarks
Registering a Trademark
The process of registering a trademark is simple and straightforward. A business can file an online application is as little as 90 minutes without using a lawyer. A business can register their trademark using the United States Patent Office website.
Before Registering a Trademark
Before you register a trademark online, you need to check the Trademark Electronic Search System database to ensure that no other company has already registered the same or similar mark under the same category of goods or services you offer. Trademark protection is provided to the first enterprise to use a mark in a particular geographic area it operates in, regardless whether the mark is registered. If your preferred mark has already been chosen by another entity, even if you used yours first – your application will be rejected immediately and you may need the services of a patent lawyer to help you find alternatives.
How Much Does It Cost to Register a Trademark?
To register a trademark online will cost anywhere between $260 and $330, and will require information like the category of goods or services where your trademark will be used, the date of your mark’s first use and whether there is a design component for the mark you want/ an internet business registering its name should refrain from registering its Web extension, such as .net or .com, with its name, unless if the owner intends to register the mark with and without. A trademark with no domain extension will prevent other entities from registering the same name by adding a different extension. Avoid designating specific designs of your trademark to get the broadest protection.
Registering Through an Attorney
There are certain scenarios, actually in most cases it makes sense to register your trademark through an attorney – or at least seek legal counsel beforehand. If your chosen mark is similar to a registered mark, or bears close resemblance to confuse the public, there’s a very good chance the other mark owner will contest your registration.