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Individuals who are starting a new company or are marketing a new product must be careful not to violate the trademark of any existing person or corporation. Company names, logos and slogans which are registered with the United States Patent & Trademark Office (USPTO) are protected under law. Violation of trademark law can result in lengthy and expensive court proceedings. Checking to see if a name is trademarked before using it is the easiest way to avoid legal proceedings and bad press.
It is sometimes easy to determine if a certain name or logo is already trademarked. Many trademarked names carry a superscript TM when they are printed. An individual who sees a TM can rest assured that a company or product name cannot be used by anyone but the holder of the trademark. It is also generally safe to assume that the names of major, well-known companies are trademarked and should not be used without that company's permission.
Whether or not a name is trademarked may not be apparent in all cases. Individual who wish to find out if a name is trademarked can use the Trademark Electronic Search System (TESS) offered by the USPTO. Users can take advantage of several search options to determine if words, designs or names are already trademarked. If a name has been trademarked, users can view who holds the trademark, when it was issued and any legal battles that may have occurred over the trademark.
It is important to keep in mind that TESS is not a perfect system. Occasionally users will not be able to locate information about an existing trademark and may believe that the name is available for use. Prior to launching a business or marketing campaign, individuals should consult with a lawyer who specialized in patents and trademarks. An attorney can make a thorough search of the USPTO database and can advise clients of any potential issues with the name they wish to use. Carefully vetting names for their trademark status can save individuals from expensive legal battles. Changing the name of a business or product due to a legal ruling is often detrimental and can confuse customers. It is always best to double-check for trademarks when beginning a new business or organization.
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Is the commercial name for torx patented?
Product names are protected by trademark rather than patent. Torx is a trademark of Textron Industries.
Do you trademark or a copyright a companys name?
A company name, if it is related to a product or service, may be a trademark or service mark. If the company's name is not related to its products then it would not be registrable as a trademark. Names cannot be copyrighted.
What is Uncle Sam Names?
Uncle Sam Names is a trademark of American Domain Names LLC. They register domain names (web names/addresses) for normal people on the Internet
What does trademark law cover?
Trademark law protects business names, logos, and slogans--"marks"--used in trade. The intent is to protect consumers from fraud in the marketplace.
Can you get a copyright for unique names that you have drawn and publish in public are you must apply it for a trademark?
yes you can
What does the small R stand for that's found next to object names?
registered trademark.
Which type of map would be used best for locating the names of countries and cities?
Political maps.
Is advertisement slogan trademark or copyright or both?
Since names, titles, and common words/phrases are not eligible for copyright protection an advertising slogan could only be registered as a trademark.
Is a Internet domain names considered a trademark copyright not trademarked or patentable?
Neither Copyright nor Patent law protect domain names.
Why can a brand name not be protected by a patent?
Brand names are protected by trademark law, not patent law.
Are there copyright laws against mentioning other authors and names in your story?
No. There may be trademark, privacy, defamation, or libel issues based on how the names are used, but names are not protected by copyright.
Can trademark registration costs be capitalized?
Canadian Trademark registration costs can be capitalized. • Trademarks and trade names are renewable indefinitely every 15 years, so the legal life may be unlimited; the useful life, however, may be limited • Costs of acquired trademarks or trade names are capitalized • If trademarks or trade names are developed by the business, all direct costs are capitalized • If the future benefits of a trademark is determined to have an indefinite life, it is not amortized.
