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Trademark 101: Have A Good Search for Your Company’s Development
from:Deb St. George, on Patents and Trademarks in your Patent and Trademark Guide From Agritrax.com
No one wants to have a carbon copy. No one wants to be known as someone else. That is the basic idea of trademark, to be exclusively distinguished from other entity.
A trademark is a distinct mark which comes in different forms (words, phrases, symbols, tone, colors and sounds). It is being utilized by most organizations so that their goods or services will have its own unique identification.
Types of Marks
Trademark is oftentimes used as a general term. However, there are two main types of trademarks:
1. Trademarks – the term is employed by the owners for identification of physical merchandise. This merchandise personally manufactured or produced by the owner which is usually being sold. TM is the symbol used for trademarks.
2. Service marks – the term is employed by the owners for identification of the services they offer. Such services can be obtained with charge while others give it for free. The symbol used for service marks is SM.
The Need for a Trademark
There are a lot of advantages if you have a trademark of your own. It will be more beneficial on your part if the trademark that you have is registered. Such benefits include the following:
* Once your trademark is registered you will have a proof of ownership of the mark.
* Years after registration (the number of years depend on the state you are located and have registered) your mark may be indisputable. It will then be an irrefutable proof of authority and rights.
* A registered trademark may be utilized as a supporting document if you intend to obtain business registration in other locations.
Verification of Trademark
Once you have carefully thought over the many advantages that will be brought to you by registering trademarks, then the next step would be register it. However, before you undertake trademark registration, you need to verify if your trademark is indeed unique.
The internet is a good venue to search existing trademarks. You have to be careful on the verification of your trademark because no two organizations should have the same mark. The first organization who obtains rights for a specific trademark may take legal action towards an organization that uses a trademarked entity.
It is also recommended for you to hire a trademark lawyer so he can conduct a thorough search with regards to the trademark you wish to register.
Trademark Registration
If you wish to register your trademark, there are necessary steps to follow so that you will obtain a properly registered trademark.
1. You need to secure an application form. Once you have the application form, you need to correctly fill it out. Afterwards, you can submit it as a hard copy or can be submitted electronically.
2. You must prepare an apt fee.
3. Do not forget to set up the “drawing or specimen” to be registered. A drawing is a page which represents the mark you want to register. On the other hand, a specimen is a trademark you wish to register that will be utilized for business purposes.
The approval of your trademark registration entails different factors. If you have an incomplete trademark application requirement, then a serial number is being assigned to the submitted registration with a sent receipt to the applicant.
When you have submitted every necessary requirement then the evaluating agency will undertake a comprehensive review of your application. If the lawyer who examines the “mark” finds flaw into it, he will send you a notice informing you of the grounds why it cannot be registered. Otherwise, if your application as well as your “mark” is acceptable then the lawyer will approve the publication of your trademark.
The development of your company or organization depends on many factors. One such is having a trademark you can call your own. By having so, you will be able to find ways to properly and strategically market your goods or services with the help of a trademark.
Indeed, no one wants to have a carbon copy. Your trademark has its own identity which sets it apart from other trademarks. Your own trademark does not only denote its uniqueness to other entity. Most importantly, the trademark signifies your own priceless possession made known to many people and organization.
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