How is trademark protected?

How is trademark protected?

Trademarks are protected by intellectual property rights. How can I protect my trademark? At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees.

What is protected under trademark law?

(1) A trademark shall protect a sign which may be represented graphically and which is capable of distinguishing the goods or services of one undertaking from those of other undertakings. shall not, under this Law, be considered to be trademarks.

What does trademark protection apply to?

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.

Can trademark be legally protected?

The trademark law accords extraordinary protection to trademarks that are ‘well known’ and safeguards them from infringement or passing off. The Trademarks Act 1999 protects well-known trademarks in two ways: an action against the registration of similar marks; and. an action against the misuse of the well-known mark.

How long does trademark protection last?

ten years
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.

What does a trademark protect How do you obtain one?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

What is not eligible for trademark protection?

Under trademark law, generic marks are not entitled to receive any protection. Therefore, if a manufacturer is selling Camera brand cameras, the manufacturer would have no exclusive rights to the brand name. Therefore, trademark law does not extend trademark protection to generic terms.

How much does it cost to maintain a trademark?

You must submit a “clear drawing” of the mark (the logo or name/logo combination) that meets specific requirements. A trademark design might cost anywhere from $500 to several thousand dollars. Applications for renewal of a trademark are $300 per class.

Does a trademark protect a business name?

When the USPTO approves a business name as a registered trademark, the owner has exclusive rights—at the state and federal level—to use the name. A trademark prevents anyone else from selling similar goods and services within the United States under that business name.

Why is trademark protection important?

A Trademark protects your brand and provides you with the tools to prevent someone from riding on the back of your business. Trademark is capable of distinguishing the goods or services of one person from those of others and includes the shape of goods, their packaging, and a combination of colors.

What happens if a trademark is refused?

If the registration is refused the applicant has the final option of appealing to the Intellectual Property Appellate Board (hereinafter referred to as IPAB). An appeal to the IPAB must e filed within three months of the date of issuance of the refusal order by the registrar.

What are steps to take to protect a trademark?

Monitor New Trademark Applications. It’s your responsibility to monitor trademark registrations that might conflict with your registered mark.

Monitor Unregistered Infringements. In addition to monitoring new trademark applications with the U.S.

Create Brand Guidelines.

Develop a Domain Name Strategy.

Maintain Your Trademark Registration.

What are trademarks and what do they protect?

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.

How do I get trademark protection?

At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office…

What marks are entitled to trademark protection?

Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner.