What Can You Trademark?
You are a small online business owner offering a unique product or service. You are starting to develop a positive reputation in your community. However, you’re worried that another small business will enter the market and use your logo, name, or products in an attempt to piggyback off of your success. How do you stop that from occurring? The key is a trademark, but what exactly can you trademark?
Word
A trademark can prevent other small businesses from using a specific word. However, this word must be unique to your company. You cannot simply pick a word you like and keep others from using it. You cannot generally trademark a generic terms. Instead, you can trademark a word you invented to be the name of your company. This does not prevent everyone from using the word, but no one that is trying to enter a similar market or perform a similar service will be prevented from using the trademarked word in their company or product names.
You have a trademark as soon as you start using your unique word in business. However, if you do not register the trademark, it may be difficult to enforce it. It is easier to enforce the trademark if you are operating in a smaller community like Saint Augustine, Florida. However, if you want to protect your interests in a larger community such as Jacksonville, Florida or San Diego, California, or even nationally, it is much easier if you obtain a federal or state registration for the trademark.
Phrase
What if your company name is longer than a word or contains a generic word like “computer” that is ineligible for a trademark on its own? The best course of action is to register the entire name as a phrase. This will prevent other businesses providing similar goods or services from using the same combination of words. They would still be allowed to use the words individually, but they would not be able to use the entire phrase.
You can also register a slogan as a phrase. For example, when you hear the phrase, “Just Do It,” what comes to mind? Nike. They own a trademark on the slogan preventing other apparel companies from using the phrase.
Symbol
One of the most recognizable things for a company is their logo. A logo can also be trademarked as a symbol to prevent other companies from using a similar logo. If you were to see an advertisement with a picture of a hamburger next to a large yellow M, you would immediately know that was a McDonald’s burger. The advertisement wouldn’t even have to have the name of the restaurant on it. This is because McDonald’s has trademarked the large yellow M as a symbol which prevents other eateries from using it. This allows for consumers to associate the symbol with one restaurant.
Device
Do you have a unique product? You can also register the device so no other company can sell a product that operates in the same way as your product. They will be forced to develop a product that performs the same function in its own unique way.
Color
Finally, in some cases you can even trademark a color or combination of colors. This will further distinguish your company from the other companies in your industry. A trademark will allow you to be the only business in a particular industry to use a unique color or combination of colors in the course of business. A prime example is UPS being the only delivery service to use brown in their advertisements, uniforms, and trucks.
Why do you need a lawyer?
Using an experienced attorney to assist your small business with trademarks has multiple benefits. At Bold City Legal, we have assisted numerous Florida small businesses and California small businesses with their intellectual property and other small business legal needs. An attorney can provide advice about your trademark, conduct a trademark clearance search prior to filing your application, and preparing your application accurately to reduce potential issues with the application. An attorney can also respond to legal correspondence from the USPTO and assist you in enforcing your trademark suits through the initiation of a law suit when someone infringes on your trademark.
Contact us today for your Trademark consultation. We are happy to assist you.
Thank you to Andrew Hunt, a law student at Florida State University for writing this article for us.
