Trademarks are distinctive signs that are used by people, legal entities, organizations and businesses to clearly define the goods and services that the particular owners deal with. Good trademarks differentiate the products and services that they represent from those that are offered by other organizations and entities. Trademarks can be anything from words, phrases, symbols, logos, images, designs and a combination of all of them. There are three types of trademarks the unregistered trademarks that are used to promote brand goods, the unregistered service marks that are used to promote brand services and the registered trademarks and service marks that are used to promote goods and services.
Identifying the kind of trademarks that you would want to have as your own should be the very first step. During the identification process, it is important to have a clear mind on what you exactly want to have. Good trademarks should be in connection with or represent the goods and services that you offer or deal with. Trademarks should be clear, precise and specific in defining the nature of goods and services that the owner deals with.
The very first and most essential requirement of getting trademarks is to be the legal owner of the mark you are planning to register as your trademark. This is possible if you have been using the trademarks or if you have had real intent to use the trademarks. The trademarks law requires that a person provides proof of using the said trademarks. The fact that you are using trademarks publicly makes them your own and you have the right of ownership to them. The wider and longer a trademark is used, the stronger it becomes.
Each and every business or person who wants to have trademarks must choose a category under which it wants protection. There are 45 trademarks categories that are stated in the trademarks act and 1- 34 categories deal with goods while the rest deal with services. When choosing a category for a good or service with a particular name, it is good to register it in all the areas that you wish to diversify in the future since the more areas you register the more protection you get and your brand name will not be used by any other company or person.
After you have decided on the category you want to register your trademarks in and the type of trademarks you want, the next step would be to check the availability of the particular trademarks. In most cases, if the particular domain name is already taken, then it would mean that the trademark is taken. If the trademarks that you want are available, make sure that you make the bookings as fast as possible to block another person or company from using them.
This may not always be necessary but it is essential if you are not familiar with the trademark laws and the registration process. A trademarks attorney will guide on how to get the right trademarks that cater for the needs of your company or even your personal interests. A trademark attorney will help you in avoiding the potential pitfalls.
Tips and Comments
Make sure that your trademarks are unique in such a way that they do not resemble any other existing trademark and should not be derived from any trademarks.
Reasons why your trademarks may be rejected:
- If the trademarks do not describe what you sell or the services that you offer.
- If your trademark is not distinctive in that, it resembles an existing trademark.
- If your trademarks are against the law or represent anything that is against the laws.
- If the trademarks will limit the development of goods and services.
Sources and Citations