Attorney Walker discusses what a trademark is and more.
1. What is a trademark?
A trademark is a source identifier. It conveys to the consuming public the source goods and/or services offered.
2. What can serve as a trademark?
Almost anything that indicates the source of goods/services can serve as a trademark including a business name, logo, slogan, sound, and brand colors.
3. Benefits of trademark registration?
BRAND EXCLUSIVITY! A registered trademark is the only way to build brand exclusivity.
A registered trademark provides a business with the exclusive rights to operate and market under said trademark. Simply put, NO OTHER BUSINESS in the same industry will be able to use the exact trademark (business name, logo, slogan, or color). AND here's the kicker! The right of exclusivity is not limited to an exact match of a registered trademark, it extends to anything similar! Similar business names, logos, slogans, etc. as well!
4. How long is trademark registration process?
Trademark registration is not instantaneous nor a fast process. The time from submitting an application to registration can take up-to 12 months and sometimes even longer.
5. When should I register my trademark?
As soon as possible! If you have a business concept or already conducting business it's best to perform a trademark clearance search and submit trademark registration application ASAP. While trademark registration is not solely based on the first to file, filing first can significantly reduce the length and complexity of the process.