"Discover Behind-The-Scenes Secrets for Trademarketing Your Products and Services"
It doesn't even matter if you don't have any idea what trademarking is, This guide will tell you everything you need to know, without spending too much brainpower !
If Paris Hilton can trademark, "That's hot!", why can't you trademark your signature catchphrase?
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On Trademarking That You Can Find In Any Store..
...On the internet, or even at your local library for that matter!
This book covers everything there is to know about trademarking. In fact, some people have called it "Trademarking Made Easy "!
It's like having your very own trademarking expert that you can reference and ask questions anytime that you need to!
You'll uncover a wide array of tips including interesting facts that you may not be aware of that could help you today!
I myself have been using and filing trademarks for about 15 years now, but it wasn't easy to do. From the start, information on how to do this was pretty hard to come across. The kind of information I wanted to know more about was especially hard to find. To be quite honest with you, I got tired of looking and searching all over the place, so I decided to create the definitive book Trademarking Made Easy! Now you won't have to work so hard to achieve the goal of creating a trademark!
You're going to discover so many things on how to trademark with ease. Not only will you learn all about methods of trademarking available, but you'll also learn extra bonus tips to actually teach people.
In order to serve as a trademark, a mark must be distinctive - that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic.
- Arbitrary. An arbitrary or fanciful mark is one that bears no logical relationship to the underlying product. For example, the words "Exxon" and "Kodak" bear no inherent connection to their underlying products (respectively, gasoline and cameras/computers).
- Suggestive. This is a mark that evokes or suggests a characteristic of the underlying good. For example, the word "Coppertone" suggests the color of a deep sun tan, but does not specifically describe the actual product. Some exercise of imagination is needed to associate the word with the product.
- Descriptive. A descriptive mark directly describes, rather than suggests, a characteristic or quality of the underlying product (e.g. its color, odor, function, dimensions or ingredients). For example, "Holiday Inn" and "All Bran" both describe some aspect of their underlying product or service (respectively, hotel rooms and breakfast cereal). Unlike arbitrary or suggestive marks, descriptive marks are not inherently distinctive and are protected only if they have acquired "secondary meaning. "This occurs when the consuming public primarily associates that mark with a particular producer.
- Generic. A generic mark is a mark that describes the general category to which the underlying product belongs. For example, the term "Computer" is a generic term for computer equipment. Generic marks are entitled to no protection under trademark law. Thus, a manufacturer selling "Computer" brand computers (or "Apple" brand apples, etc.) would have no exclusive right to use that term with respect to that product.
Frequently Asked Questions
Q: What is the purpose of a trademark?
A: The purpose of a trademark is to protect the public, not to benefit the owner of a trademark. Specifically, trademarks serve to prevent the public from being confused regarding the source of goods or services.
Q: How do trademarks relate to tradenames and to domain names used on the Internet?
A: Trade names, corporate names, partnership names, DBAs and fictitious names are all related in that each serves as a name for the entity that is doing business. Trademarks, on the other hand, are associated with goods or services provided by an entity. Thus, the former group would be used as a noun, whereas, a trademark is properly used as an adjective. For example, McDonalds is the name of a corporation or entity that owns a popular chain of fast food restaurants, but when we refer to a McDonalds hamburger, the term "McDonalds" is then being used as a trademark to identify the source of the hamburger.
Q: What types of things can serve as a trademark?
A: Words, names, symbols, devices, color, smell and sound or any combination of these items, which are used in trade to distinguish goods or services from other goods and services, can serve as a trademark.
Q: What is a "common law trademark"?
A: A "common law trademark" is a mark that is being used in commerce but has not yet received either a federal or state trademark registration. A trademark which has not yet been registered is designated by either a "TM" for marks used in association with goods or an "SM" for marks used in association with services.
Q: What is the process for registering a trademark?
A: A trademark attorney normally will conduct a clearing search to determine the availability of the mark selected, as well as the potential for conflicting marks. When a mark has been cleared for usage, the trademark attorney will next file and prosecute a trademark application for that mark. If no conflicting marks are found by the U. S. Trademark Office, the mark is published for opposition. If unopposed, then the mark will register. (It is possible to file for a state registration of a mark either alone or in conjunction with a federal registration.) Also, during the process of registration, it is necessary to provide proof of use in commerce either federally or in the state in which registration is being sought.
Q: What is the meaning and proper use of "SM" and "TM"?
A: The "TM" symbol after a mark denotes that the mark is a "trademark used on goods" while the "SM" symbol after a mark denotes that the mark is a "service mark used in association with services". After the mark is registered with the U. S. Trademark Office, whether it is a trademark or a service mark, it should be followed by an "®".
Q: What additional benefit is obtained by registering a trademark?
A: A mark can be an extremely valuable asset to a business. By obtaining registration of a trademark, notice is given to others of your use of this particular mark which prevents other businesses from using marks which are confusingly similar to yours.
Q: Which government entity registers trademarks?
A: Trademarks can be registered federally with the United States Patent and Trademark Office, a branch of the Commerce Department, or can be registered by individual states in which trademarks are used in commerce. State trademark registration is normally handled in the Office of the Secretary of State for each state.
Q: What is the life of a trademark?
A: The life of trademarks is indefinite as long as there is continual use of the mark. Federal trademark registrations must be renewed every ten years with the U. S. Trademark Office, and State registrations normally are renewable every ten years, also.
Q: What are the most frequent mistakes made relating to trademarks?
A: The most frequent mistakes made relating to trademarks is in the selection of the mark itself. Failure to perform a trademark search prior to using a particular mark and even prior to filing a trademark application can be very costly. Often a mark selected without first conducting a search is already in use by someone else or is confusingly similar to another mark. If this occurs, advertising costs could be wasted as well as possible trademark infringement litigation costs incurred.
This Is Just "A Little Taste" At What You'll Discover With
Trademarking Made Easy
- What Is A Trademark?
- The Benefits Of Trademarking
- How To Make Your Trademark Unique
- Creating A Trademark That Works
- Where and How Hire A Trademark Attorney
- The Details Of Trademarking
- A Bit About Intellectual Property Law
- Plus much MUCH More!
And The Biggest Bonus Of All Is That You Can Be
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