Most businesses have at least one special mark that they’re known for. This is referred to as a trademark and it may qualify for specific legal protections. Once a trademark is established, the company can use it without having to worry about other companies creating similar marks to confuse consumers.
If a competing company creates a mark that’s similar to the registered trademark, the owner of the registered trademark can take legal action. In order for a trademark to be registerable, there are three essential elements that must be present.
The trademark must be distinctive
In order for the trademark to qualify for protection, it must be distinctive. This means that it needs to be clearly identified as the source of a product or service in a way that sets it apart from others on the market. The trademark can include logos, words, phrases or symbols. In some cases, even sounds or special colors can be included.
Typically, more unique trademarks have stronger legal protections. For example, names that are made up or fully unrelated to the product are often well protected. In most cases, generic terms don’t qualify unless they have a strong public association already existing with the product or service.
The trademark must be used in commerce
In order to be protected under trademark laws, the trademark must be used in commerce. This means it has to be attached to the good or service that’s being sold or offered. This means that you can’t just think of a name or a trademark and protect it. Instead, you have to actively use it for it to matter legally.
The trademark must identify and distinguish
The trademark must be used in a way that makes it easy to identify and distinguish goods or services. Once this happens, consumer trust is built. A strong trademark ensures that customers know what to expect, and it helps to prevent confusion in the marketplace.
Matters surrounding trademarks can be rather complex. With this in mind, it’s often best to have someone on your side who can assist you throughout the process of registering and protecting your trademarks.
