Going About Registering a Trademark

in Trademark

Intellectual property can be complex. Before one attempts to apply for trademark registration, it is important to understand what can be trademarked, the types of trademarks and of course what getting a trademark actually means. In broad terminology, a trademark will be a phrase, symbol, word or even a product which explicitly indentifies a certain individual or organization. For instance, anybody can start using a glass bottle to market carbonated drinks of course a specific bottle style can distinctively point out a specialized firm and if it has been legitimately registered, no other person or company will have a legal right to use the same style to sell their product.

No company can lawfully register ordinarily used sayings or phrases and yet they are able to trademark an unique combination of words that establish a specific and distinctive phrase. The different words of a trademarked expression could be implemented in alternative combinations on condition they will not specify the first company and its phrase. Both individuals as well as companies will likely go after legal measures if somebody uses their registered trademark without previous permission. Individuals who has registered trademarks is likely to in fact seek out almost any lawful actions to defend these kinds of symbols, words, phrases or devices.

Before an individual or company applies for trademark registration, it is highly recommended that they perform a trademark search. This really is an highly recommended first step since it is going to inform you if you could indeed trademark what you are applying for. The trademark search will enable you to discover if there are actually some other related or exact trademarks registered in specific or like areas. It is absolutely essential that each and every trademark search be as detailed as they can be and there are actually professional companies that are able to conduct these searches for you. Just one of the positive aspects of appointing an expert to run a trademark search is that they should be equipped to present you with an in depth list of any similar current trademarks and will typically be in a position tell you if any of these might affect your own trademark application.

Intellectual Property (IP) is another area that one can be eligible for legal ownership of an invention or personal creation of some kind. IP will involve such items as literary and artistic works, inventions, names, symbols, images and designs and fall under the two following classes:

-Copyright – this works with creative and literary works such as novels, plays, poetry, films and music. They also have to do with such things as works of art, drawings, photos, architectural concepts and sculptures. They normally include the rights of producers, artists and broadcasters in radio and T.V.

-Industrial Property – this classification covers inventions or patents, trademarks, geographic indications of source and industrial designs.

Yet another type of trademark registration to consider is the international trademarks system also generally known as the Madrid system. Many individuals and organizations that are in possession of a trademark registration also apply at the international level that cover countries that are members of the Madrid Protocol to protect themselves abroad. This can be taken care of by registering just a single application form with your own local or state trademark office.

Anyone who invents or generates something unique, whether for business applications or not, ought to give some thought to getting a trademark search performed by a professional when submitting an application for a trademark registration or perhaps as an owner under the intellectual property classification system.

It is very important to acknowledge that no company can promise that a mark will without doubt be accepted for registration. Whether you carry out the search on your own or have it worked on by a specialist, there is no way to forecast with 100% confidence that the registration examiner will find in your favor. Of course conducting a trademark search will give you the information you need to make a more informed decision and you can avoid spending time and money on a mark that has very little chance of succes.

Trademarks can be a complicated undertaking. If you do not carry out a search then you are applying for a trademark ‘blind’ and significantly increase the risks of losing all fees attached to the application if it fails. To ensure that you are succesful in your application it is imparitive that proper reasearch be done into your Trademarks

Author Box
lswyork has 1 articles online
Add New Comment

Going About Registering a Trademark

Log in or Create Account to post a comment.
Security Code: Captcha Image Change Image
This article was published on 2010/12/05