Home
>
Branding
>
Trademark: Do I Need One for My Business Name and Logo?

Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to . There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ® symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit for more articles and free marketing wisdom.

Want to harness the power of kinetic marketing? Sign up for Kinesis Quickies, a free bi-monthly marketing e-newsletter:

In The News:

VentureBeat
Top four global tech brands now worth almost $500B
VentureBeat
Four out of five of the top brands in the world are technology brands, according to a review of the top global brands released Tuesday. The report valued the Apple, IBM, Google, and Microsoft brands at a combined half-trillion dollars.

and more »

Christian Science Monitor
Overseas Oreo: Kraft names new global snack company 'Mondelez'
Christian Science Monitor
On Wednesday, Kraft shareholders will decide whether to approve the name for the company's business that sells global snack brands such as Oreos, Fig Newton and Cadbury. The four-month odyssey of how "Mondelez" was picked â€“ and how it was received ...
Kraft's new snack business name faces crucial voteChicago Sun-Times

all 262 news articles »

AdAge.com
Global Branding and Media Planning, Market by Market
AdAge.com
For our latest quick Q&A with a media leader, we asked Barcelona native Maria Luisa Francoli Plaza, global CEO of MPG and Havas Media North America, how brands and media planners should approach cultural differences even as the web brings the world ...

Branding the mental drawer companies send to consumers
StandardNet
We simplify our lives by buying brands that we know and trust. We totally ignore offerings that do not have a significant personal connection. Our mind, like a powerful and logical computer, inputs data and stores it deep within the brain.

Bluewater Unveils New Branding Initiative
PR Web (press release)
Christine Kropp, CEO Bluewater, a one-to-one marketing services agency, has launched a new branding initiative to reflect its latest evolution of capabilities and offerings. Bluewater combines personalized marketing services with leading edge ...

and more »

BusinessDay
Branding for small businesses (II)
BusinessDay
Big corporations spend millions promoting their brands successfully; it's a tool proven to work. Branding is one of a company's most valuable assets. Essentially, it is the company's reputation; how customers portray a product/service, including how it ...

and more »

HnyB Insights Predicts Global Social Branding Market to Touch $13.8Bn by 2020
PR.com (press release)
Social Branding Strategy and Outlook, 2012 - 2020 released by HnyB Insights predicts consistent growth in Global Social Branding revenue, the market is projected to reach $2.1Bn in 2014, will touch $7.8Bn towards end of 2018 and by 2020 it will grow ...

and more »

Palate Pres
Live from the London Wine Fairs : A Study in Contrasts and Ideas About Branding
Palate Pres
Exploring the various parts of the wine world, from big brands to tiny artisanal producers, can be quite a study in contrasts. Shifting from the organic/biodynamic/natural wine fairs to the London International Wine Fair, yesterday, ...

and more »

Design Week
BC-OLY--London 2012-Branding,1st Ld-Writethru, OLY
The Huntsville Times - al.com
"It's fine to clamp down on the threat, but where it impacts the individual, it's going to be very difficult for (London organizers) to get it right," said Hugh Tebay, a partner at Sipara, a British law firm that specializes in trademark and branding.
The 2012 Olympics branding comes goodDesign Week

all 679 news articles »

3 Personal Branding Must-Haves
Business Insider
Personal Branding Blog offers branding and career advice from Dan Schawbel and his team of experts. Fundamentally, the process of personal branding includes taking time to define yourself and then intentionally connecting yourself with others who ...

and more »

Google News