What if someone owns a trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can a business own a trademark?
Business entities can own a trademark. Limited Liability Companies (LLCs) and corporations are common business entities that could a trademark. Usually, LLCs or corporations develop a mark to identify itself as a source of goods or services.
Can an individual own a trademark?
A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc. As the trademark owner, you must ensure that you control use of the mark and specifically control the quality of the goods or services.
How do you own a brand name?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Can a domain name be registered as a trademark?
Yes, domain names can also be registered and protected as trademarks or service marks at the national and international levels, provided that the domain names do satisfy all conditions to be duly registered and protected like the trademark and service marks.
How do I get a trademark for my product?
This trademark must also appear on your products or packaging. Brand Registry applications must be submitted by the trademark owner. If you are an authorized agent, please have the trademark owner enroll the brand first, and add your account as an additional user.
Do I need to trademark my clothing brand name?
For your clothing brand, that means your company name, logo and slogan. In general, the first trademark you will want to file is the “plain text” of your name (e.g. NIKE without any claim to font, color, etc.).
How do I register a single word as a trademark?
This involves registering a single word as a trademark with the U.S. Patent and Trademark Office (USPTO). A trademark is a word, phrase, sign, symbol, or logo used to identify a product’s owner. Trademarks give exclusive rights to a person or company to use a specific mark within an industry. What Is a Trademark?
Why does it matter if you register a trademark?
But why does it matter? A trademark registration gives the owner a number of key advantages – under the law, the owner is presumed to own a protectable trademark and is presumed to be the owner of that trademark.