Everything You Need to Know Before Registering a Trademark
If you’re thinking about registering a trademark, there is a lot that you need to know about the process. The more business legal advice you have, the more likely you are going to be able to register for a trademark successfully.
Trademark Basics
Trademarks are words, designs or phrases that indicate the source of a product. This identifies it and distinguishes it from other products. For instance, a brand name, a logo or a catchphrase might constitute as something that can be trademarked. Now, sounds, colors, and scents can also be trademarks but it’s harder to define those.
Testing
Before something can be trademarked, the USPTO applies a test. The test is also known as likelihood-of-confusion. The test is designed to figure out if consumers would be confused as to the source of the services. For instance, you can’t have your logo easy to confuse with another logo.
Different Services
When registering a trademark, IP law distinguishes between different types of goods and services. You can have the same name as another brand as long as you do not cross into selling the same goods and services. The problems only arise when businesses expand into another’s territory.
Different Sales Channels
If there are different sales channels, then there is going to be less confusion. You aren’t going to confuse products that are far apart when it comes to industry and product sold.
Purchase Decision
The purchase decision test considers the complexity of the purchase. For instance, if a product takes a lot of effort and a long process to purchase, you aren’t going to confuse it with a product that you can pick up at the grocery store and check out in a few minutes.
Strong Names
Strong names stand out. Some of the best business legal advice is that you want a name that is associated only with your brand. This name should be fanciful and have less of a chance of being confused with another. Generic brands are less likely to get registered. However, the stronger the name, the more likely that you are to have yours registered with a trademark.
Proximity
Proximity refers to the proximity in a store and geographically. For instance, if you find one product in the produce section and the other in the electronics aisle, there won’t be confusion. Likewise, products in different regions won’t always be confused.
When it comes to registering a trademark, you may want to speak with a lawyer to get solid business legal advice. After all, there are a lot of different factors that go into trademarking a logo or brand. It’s important that you know the process.
