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What is trademark?

Any word, phrase, symbol, design, or combination of these that distinguishes your products or services might be considered a trademark. Customers use it to recognise you in the marketplace and set you apart from your rivals.
The terms "trademark" and "service mark" are interchangeable. A service mark is used for services, whereas a trademark is used for commodities.
A trademark:
Reveals the origin of your products or services.
Gives your trademark legal protection.
Aids in your protection against fraud and counterfeiting.

It's a popular misperception that holding a trademark gives you the authority to forbid others from using a specific word or phrase. You only have rights to the word or phrase as it is used in conjunction with your particular goods or services; you do not own the word or phrase in general.

As an illustration, suppose you utilise a logo as a trademark for your small woodworking company to identify and set it apart from competitors' products or services. This does not imply that you can forbid others from using a similar logo for products or services unrelated to the woodworking industry.

Another prevalent misunderstanding is the idea that picking a trademark that simply describes your products or services will suffice. Trademarks that are inventive and distinctive are more powerful and simpler to defend. Find out more about effective trademarks.

Owning a trademark vs. having a registered trademark

As soon as you begin utilising your trademark with your products or services, you are considered a trademark owner. By utilising your trademark, you acquire rights in it, but those rights are only valid for the region in which you are selling your products or services. You must submit an application to register your trademark with us if you want more comprehensive, national protection.

It's not necessary for you to register your trademark. However, compared to an unregistered trademark, a registered trademark offers more rights and protections.

If you sell handcrafted jewellery at a nearby farmer's market, you might use a logo as a trademark. You might opt to apply for federal registration when your company expands online and you want to provide your trademark extra protection. By registering your brand with us, you establish federal trademark rights.

Using the TM, SM, and ® trademark symbols

You are allowed to include a symbol with your trademark each time you use it. Customers and rivals are informed by the symbol that you are claiming ownership of the trademark. Even if you haven't submitted an application to register your trademark, you are still permitted to use "TM" for products and "SM" for services.
Use a ® after you have registered your trademark with us. The registration sign may be used anywhere around the trademark, though most trademark owners place it to the right of the trademark in superscript or subscript form. Only the items or services mentioned in the federal trademark registration may use the registration symbol with the trademark.