How different must a trademark be?
WHAT IS A TRADEMARK? SELECTING STRONG MARKS In order to distinguish the goods of one party from those of another—and to function as a trademark—a word, phrase, design or symbol must be distinctive. A mark’s distinctiveness determines, in part, the overall strength of a mark and the degree to which it can be protected.
What is the difference between copyright infringement and trademark infringement?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
How many years is the trademark last and renewed?
ten
Yes. A trademark or service mark registration may be renewed for periods of ten (10) years after the expiration of the original ten-year term, upon payment of the prescribed fee and upon filing of a petition for renewal of registration.
What is the weakest type of trademark?
Generic
Generic. Finally, a generic mark is the weakest form of a mark because it simply uses the word of the good or service as its trademark.
What is better trademark or copyright?
While both offer intellectual property protection, they protect different types of assets. Copyright is geared toward literary and artistic works, such as books and videos. A trademark protects items that help define a company brand, such as its logo.
Should I copyright my logo or trademark it?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark.
What are three types of trademarks?
Different Types of Trademarks
- Descriptive Trademarks;
- Merely Descriptive Trademarks;
- Generic Trademarks;
What is the difference between a copyright and a trademark?
What Is the Difference between Trademark and Copyright? A trademark protects your brand identity, the symbols, logos, terms, catch phrases, names and other imagery that represent your goods and services. A copyright is legal protection over works of authorship.
How do you determine the meaning of a trademark?
The connotation or meaning of a trademark must be determined in connection to the identified goods or services in the trademark application or registration. The Examining Attorney will presume that the average consumer will retain a general rather than a specific impression of the trademark.
Can two trademarks sound the same?
If two trademarks sound the same, they may be considered similar. However, there is no proper or correct way to pronounce a trademark. The logic behind this general rule is that we cannot predict how the public will pronounce a certain term or trademark.
How do I designate a device as a trademark?
If you have registered the trademark with the USPTO (U.S. Patent and Trademark Office) you may designate this by the use of the ® symbol after the trademarked device. What Is the Difference between Trademark and Copyright?