A Trademark is a symbol, phrase, design or word that helps distinguish one manufacturer of goods from another. It is a key identifier of a company used all over the world. An example of a famous trademark is Apple, which is represented by a bitten apple. This mark has no writing, so the image itself is the key identifier for Apple. Similarly, a service mark follows the same features but is different because it is used to identify a service. An example of a well-known service mark is McDonald's whose mark is a golden 'M' which is globally recognized by all ages since 1955. Additionally, in certain circumstances, trade/service marks can also involve colours, music, and smell. For example, Coca-Cola is well known for its red and white colour combination, and Nokia is known for its unique ringtone.

'Intellectual property,' however, has no physical embodiment that one can see, touch or feel such as literature and music. Trade names, artistic designs and digital programming are also part of the intellectual property band. Like physical property, the intellectual property can be owned, purchased, sold, transferred, and/or licensed. Systems of ownership of intellectual property are relatively new historically.

Trademarks adopt rights in two ways: 1) by registration, and 2) by using the mark first. Both ways can be protected. By registering, you will gain many advantages from the federal law, including the use of the ® symbol on your trademark. You will also have the ability to show others of your ownership to the brand, making it less likely for others to consume. Under common law, being the first to use a specific trademark also comes with certain rights that may stop others from using your mark. However, this can be risky because it does not come with as many benefits as a registered trademark would.

TIP

The more unique a trademark is, the less chance it has for it to be duplicated, which means more protection. It is also good to know that successful marks are normally those that have no relation to the service or goods.

Before adopting a new mark, it is advisable to have a search conducted and evaluated by a qualified attorney. Someone else may already have rights to virtually the same mark, and it is better to know about that or other potentially conflicting marks before you have made an investment in your new mark. Lack of knowledge is normally not a defense to trademark infringement. The extent of searching that is warranted depends on the nature of the mark, the goods or services for which it is to be used, and the countries in which the mark is intended to be used. Basic searches typically focus on trademark registration databases. Usually, an application to register a trademark is made to the national trademark office in the country or region where the applicant wishes to protect the mark. The application will usually include the name and address of the applicant, a representation of the mark, a listing of the goods or services that are desired to be covered by the registration, and the official filing fee. In some jurisdictions, it may also be necessary to file specimens showing how the mark is used. However, most countries do not require a mark to be used before it is registered.

Trademarks are often used with designations or symbols, i.e. ®, also known as Reg., TM, and SM. These symbols work as trademark identifiers classifying whether or not a trademark is registered. Unregistered Trademarks use the symbols TM and SM to notify competitors and potential customers of their plan to become legal and are used to discourage others from using them. Each designation is used for a different purpose; SM is used for a service mark, whereas TM is used for a trademark. The ® symbol refers to a registered trademark. This small but powerful symbol will allow the owner to claim against infringement if an issue occurs. It is always a good idea to register your trademark to have secure benefits. The protection of your trademark will depend on your country of registration which has its ups and downs. Not all regional offices will give out the same benefits, so choose your country wisely so that you receive the all the information and protection you need. Your mark should represent your business in a creative yet effective way, making sure the meaning explains your business accurately. It is only when your mark is used consistently, i.e same font type and colour, that your mark becomes respected and desired.

A Trademark is the key identifier of a business so it is only normal to want to protect it from unauthorized users. Using a trademark without registration will not come with many benefits. The main concern is that there will always be a high risk of losing it at a later stage as others would see it as available and register it. By registering your trademark, you will hold all the rights as well as the ability to take legal action against anyone who uses it unlawfully. If, however, you do not decide to register your trademark, you will risk your chances of it being registered by someone else.

At Agent Legal, we make sure that our customers receive the best prices possible for their trademark registration. Please keep in mind that each jurisdiction will have a trademark authority, used to protect your trademark for a small fee.

Before registering, it is recommended to check the availability of your suggested trademark. You can do this by simply conducting a search using our 'Trademark Search' section. By doing a thorough search, you eliminate any possibilities of plagiarism with existing companies.

Still not convinced to perform a Trademark search? You will be shocked to find out that not all trademark authorities go through the process of investigating whether or not a trademark already exists. This can accumulate chaos as authorities from different parts of the world may register the same mark at different times creating a legal mess. That's why it should be your priority to monitor similar or identical registered trademarks. It is only by monitoring that you can identify whether or not legal action should be imposed.

Registering your trademark at Agent Legal is simple, and we understand that you may want to know the process. So, for your acknowledgement, we have created a workflow showing the whole registration process.