Is it worth trademarking a name?
The short answer is no. Brand protection, such as trademark, is a separate consideration which is not achieved by these measures and which often goes neglected. Here at LawBite we are frequently asked whether putting trademark protection in place is worth the cost and effort involved.
What happens if you don’t trademark a name?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.
Why would I need a trademark?
Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.
Is it mandatory to trademark a logo?
By common law, a logo is trademarked as soon as it’s used in commerce. However, if you ever wanted to dispute another organization for using your likeness, your trademark would have to be registered with the U.S. Patent and Trademark Office.
How long does a TM last?
10 years
A registered trademark is valid for 10 years from the date of registration, and can be renewed every 10 years. To renew a trademark the owner must pay a government renewal fee.
How much do a trademark cost?
The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.
How long does trademark last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do I know if I need to trademark?
Before you apply, you should search the USPTO’s trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and.
What do you need to trademark your personal name?
To be clear, if you want to trademark your personal name, you must find a business use for it, and that business use must fit into one of the many specific categories of products and services. Listing your trademarked name in one category doesn’t prevent someone from claiming it as a trademark and using it in another category.
What does can’t be trademarked?
What Can’t Be Trademarked? Originally, only goods could be trademarked, but the law now protects both goods and services. However, you can’t trademark: Proper names or likenesses without consent from the person; Generic terms, phrases, or the like; Government symbols or insignia; Vulgar or disparaging words or phrases
Can I copyright a name?
Copyright does not protect a name unless a logo of sufficient authorship accompanies it. You can, however, trademark a name for business purposes through the U.S. Patent and Trademark Office . If the name is a word that already exists, its use must not be related to its everyday meaning.
What needs to be trademarked?
Things that can be trademarked include a phrase, word, symbol, device, or anything that distinguishes the goods of your brand from another qualifies.6 min read. A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies.