Trademarks differ significantly from patents and copyrights. A patent grants its inventor the design, process and invention rights to a property. To be registered, the inventor must self-disclose the invention – the design and process – through the USPTO. This gives the inventor complete protection over the product or service in question for a certain period of time – usually 20 years. Anyone can use the invention by producing, marketing and selling it after the patent expires. This is common in the pharmaceutical industry. A pharmaceutical company that patents a drug has exclusive rights to it for a period of time before other companies can market and sell generic brands to the public. For example, you use a logo as a trademark for handmade jewelry that you sell at a local farmer`s market. As your business grows and you grow online, you may want more protection for your trademark and decide to apply for federal registration. By registering your trademark with us, you create national rights to your trademark.

While trademark protection is automatic, if you need to sue someone to protect your trademark, the burden of proof is on you to prove that the trademark belonged to you first. If you have registered the trademark with the U.S. Patent and Trademark Office (USPTO), you can indicate this by using the symbol® Â after the registered device. Finally, copyright protection allows the owner to require royalties and licenses for the use of the property. This concept does not exist for a brand. In addition, there are very different definitions and standards for determining copyright infringement versus trademark law. Since counterfeiters are now able to fully exploit the possibilities of the Internet, the above-mentioned services can only be truly implemented through the use of modern trademark protection technologies. Trademark protection software has four main aspects: A copyright is the legal protection granted to authors of artistic, literary and scientific works.

Trademarks must protect their copyright, even if they do not create works of art, books or scientific reports. Counterfeiters copy authentic photos of a product and use them to promote and legitimize their own lists of illegal products online. The second requirement, according to which a trade mark must be distinctive, concerns the ability of a trade mark to identify and distinguish certain goods in such a way that they come from one manufacturer or source and not from another. Trademarks are traditionally divided into four categories of distinctive features: arbitrary/imaginative, suggestive, descriptive, and generic. See Zatarain`s, Inc. v. Oak Grove Smoke House, Inc., 698 F.2d 786 (5th Cir. 1983). If a trademark is classified as arbitrary/imaginative or suggestive, it is considered inherently distinctive and exclusive rights in the mark are determined solely by the priority of use. A trade mark classified as descriptive is capable of being protected as a trade mark only if it has acquired secondary importance in the minds of the consumer public. Secondary meaning is also necessary to establish trademark protection for a personal name or geographical term. Generic terms are never brandable because they refer to a general product class and do not indicate a clear source.

A trademark may be generic ab initio and have refused registration, or it may become generic over time through use. Unofficial third parties create social media accounts that mimic genuine brands and then use their fake profiles to sell fakes, send users to phishing sites, and sometimes spread harmful malware. For example, a company that sells decorative weapons called Swordsman`s Keep would prohibit other gun sellers from using that name. However, a tavern could potentially be called Swordsman`s Keep, as this is a completely different type of business. Check out the history of Food Huggers to see how an innovative company protects its brand online. The use of a trademark prevents others from using the products or services of a company or individual without their permission. They also prohibit all markings that present a likelihood of confusion with an existing marking. This means that a company cannot use a symbol or brand name if it looks or sounds similar or if it has a similar meaning to what is already in the books – especially if the goods or services are related to each other.