A trademark safeguards a company's goods or services from infringement or reputational harm by other businesses.

10/17/20222 min read


A trademark safeguards a company's goods or services from infringement or reputational harm by other businesses. If another corporation exploits your likeness to promote its own business endeavours, you have the legal right to sue them if you have a trademark. Trademarks, both registered and unregistered, are included.

A trademark is essentially any term, phrase, symbol, design, or combination that enables buyers to recognise a specific product. A service mark is similar to a trademark but applies to services rather than products. Once used, both trademarks are guarded. Both registered and unregistered trademarks fall under this category.

It's critical to distinguish between a trademark and a trade name before discussing the topic of trademark protection. Despite being mistakenly used interchangeably with a business name, a trade name is just that—a business name. Beyond that, a trademark also identifies the brand name of a particular company. A business like McDonald's, however, is both a trade name and a trademark.

It's crucial to have a mark that is simple to recognise because a trademark offers protection against infringement. It not only defines your company but also creates long-term value and increases brand recognition. The better a trademark is, the more specific and recognisable it must be. A name or logo that is too general is not only bad for marketing, but it could also be ineligible for trademark protection.

There is no justification for small firms to register their trademark if they don't intend to grow locally or nationally. If you add the TM to your company name, you are legally protected, and until a rival starts using the same name, you usually won't run into any issues.

However, a trademark is worthwhile the work if you conduct business globally or in the United States. This is especially true if you come across foreign companies operating in the same sector.

You ought to think about registering with the U.S. Patent and Trademark Office to protect your company. This defends your company and gives you a leg up in court. Additionally, filing as soon as possible entitles you to exclusive use of the trademark before anyone else. Keep in mind that the trademark SM is used for services, while the trademark TM is used for goods.

You should also take care to protect your trademark by following these steps:

  • Be on the lookout for other companies using your trademark.

  • Don't turn your company name or trademark into a verb.

  • When in doubt, register your trademark.

  • Use TM or SM to show others you have a claim to the name.

  • Distinguish your logo from others through bold styles or fonts.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com


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