Many companies develop special, proprietary, and confidential information during the course of business. You may also have intellectual property like copyrights, patents, or trademarks that need to be protected. However, trademarks are sometimes a source of confusion. You may wonder what is considered a trademark and why does it even matter.
Defining “Trademark”
According to the United States Patent and Trademark Office:
“A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” [emphasis added]
A similar term – service mark – refers to the:
“word, phrase, symbol and/or design that identifies and distinguishes the source of a service rather than goods.” [emphasis added]
Sometimes the term ‘trademark’ is used for service marks, although there is that slight difference.
Examples of Trademarks
You probably see or hear them every day. In fact, some have become so linked to a product that the trademark becomes a generic term. One example is the trademark Kleenex. People may ask for a Kleenex instead of facial tissue, even if the tissue they are given is a completely different brand.
What follows is a shortlist of trademark examples:
Brands: McDonald’s, American Express
Products: Big Mac, Membership Rewards Express
Logos: McDonald’s Golden Arches, Gladiator Head design (American Express)
Slogans: “I’m lovin’ it” or “Are You a Cardmember?”
Colors, sounds, fictitious characters, symbols, and special fonts may also be trademarks.
Without Trademark Protection, What Happens?
A trademark helps customers distinguish a product or service offered by one from products and services offered by competitors. You may be able to prevent this from happening by registering with the Florida Division of Corporations. It’s also possible to register a trademark at the federal level by applying to the United States Patent and Trademark Office. However, you’ll need to make it through the application process.
Once your trademark is registered, you may take action against anyone who uses it without permission or who tries to use a similar trademark. Here, again, it’s a good idea to discuss your trademark enforcement with an attorney before making any decisions.
Trademarks Might Matter to Your Business
Competition is fierce in many markets. After spending time and money developing a logo or brand, it makes sense to protect the trademarks that set your products and services apart from everyone else.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and intellectual property matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. we represent clients throughout South Florida, including Coral Springs, Coconut Creek, Boca Raton, Delray Beach, Pompano Beach, Sunrise, Fort Lauderdale, Miami, and surrounding communities.