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Home > Invention Articles and Tips Access Trademark
for Product Success A trademarked brand name allows a company to distinguish itself and prevent others from using a similar name that may tarnish its good reputation. As a result, trademarks are valuable company assets. If trademarks did not exist, inferior products could be advertised by a company called General Electrical and consumers would likely be confused about which products are the real ones from General Electric. A trademark must be distinctive and not a common word or phrase. A trademark may consist of a word, letter, number, symbol (logo), color, shape, or combination of these. In some instances, distinctive sounds and smells can be trademarked. A trademark will help you:
Sounds Like If your product is trademarked, you can prevent others from using the same or similar names. In particular, there should be no confusion between a trademarked name and another product. For example, the product "Krazy Glue" is trademarked. If you advertised your product as "Krazi Glue" or "Crazy Goo" you’d probably get a "cease and desist" letter from the trademark’s owner, because your product name will confuse consumers. For an easy test, say the words out loud. If the name you’ve chosen sounds like a trademark, you’re most likely facing an infringement. Ultimately, the decision of infringement and damages lies in the courtroom. Another test in determining if your trademark application is acceptable is that it should not dilute an existing trademarked brand’s reputation. For example, Sony has a trademark on its Walkman portable electronics products. If a new pet product was called the Dog-Walkman, not only would there be a cause for concern about confusion, but Sony might not want to be associated with a pet product. Use It or Lose It Before filing, the trademark must be "in use." In use means that you must display the product name with the trademark symbol on a flyer, website, or product label in the public domain. Adding a "TM" symbol to your product name (e.g., Productname™) puts the world on notice that you claim rights to that name. Use the trademark in your advertising, brochures, flyers, labels, t-shirts, or on your website. To obtain a federal registered trademark, you’ll need to file with the U.S. Patent and Trademark Office. The registration process is now performed online with the Trademark Electronic Application System (TEAS). Once a federal trademark is granted, you may use the symbol "R" inside a circle (e.g., Productname®). The federal trademark filing fee is currently $335. The trademark lasts for ten years. But may be renewed for additional ten-year periods as long as the trademark is in use. A registered trademark makes it easier to sue for damages in the event of infringement. In addition, a registered trademark will give you the right to obtain a website domain address with the same name. Internet law is still in flux and this may change. Keep in mind that in the United States, trademark ownership is usually granted to the first to use the mark, rather than first to file. I suggest that once you come up with a product name, add the "TM" symbol and display it on a website or printed materials. Once you’re able to determine that your product is marketable, officially file for a trademark. Conclusion Trademarks provide a competitive advantage that pays you dividends. In addition to your positioning and branding, customers will trust your trademarked product and feel comfortable doing business with you. And another point to consider when filing; if you are doing business only within your state, you can save money by filing a trademark with your Secretary of State.
See also: Free Guide to the Invention Process | Invention Success Kit
Matthew Yubas is a Certified Professional Marketing Consultant for the
Small Business Development and International Trade Center. He has developed
products for 20 years as an engineer, product manager, and independent
consultant for startups, small business, and Fortune 500 companies. He
has launched new products such as software applications, wireless devices,
and websites. In addition, he has helped clients in a diverse number of
industries that include photography equipment, auto accessories, soy candles,
children's clothing, sporting goods, digital art, and home décor.
He has earned a B.S. in Engineering and an M.B.A. in Management. Information
about his new Invention Success Kit is available at www.ProductCoach.com. |
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