Branding a reputation and a brand – collectively or individually?
Emblems will be services or products names, logos, slogans, packaging, and even sounds and smells. Primarily, a trademark will be nearly something used to establish a selected services or products. Registering a trademark grants the proprietor unique rights to the trademark within the specified trade. In fact, it’s essential to analysis the trademark completely earlier than submitting to make sure that there isn’t any risk of infringing one other celebration.
Let’s assume you have performed your due diligence, completely researched it, and your identify and brand are legally accessible. The following step is submitting for a federal trademark.
Now, with regards to submitting, an enormous query is whether or not the identify and brand needs to be filed collectively or individually?
This choice will rely on quite a lot of circumstances, as with most issues on the planet of manufacturers. Let’s take the time to run by means of a number of completely different situations:
1) Your full trademark search on the emblem reveals it’s legally accessible, whereas the trademark search on the identify reveals the same identify, not the identical, in a associated trade, not the identical. Your trademark lawyer can then advise you to file the identify and brand collectively to make sure registration.
2) In your model show (eg commercial, web site, tags or labels, and so on.), the emblem is ALWAYS displayed with the identify, however typically the identify is displayed with out the emblem. On this case, it’s possible you’ll wish to file two functions – the identify and brand collectively AND the identify alone.
3) The emblem you utilize is the guts of your model and the identify you utilize is fully descriptive of your merchandise/providers. It’s possible you’ll wish to file your brand solely OR file your brand alone AND file the identify and brand collectively.
One essential factor to remember, no matter your explicit state of affairs, is that something filed with the USPTO is strictly how it is best to use the mark. The USPTO desires to see your mark as you current it to your clients.