Trademark: Do I Need One for My Business Name and Logo?

Wondering if a trademark is important to you as a business owner? Let's start with the basics. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. For example, the name Kraft is trademarked, as is Nike's "swoosh" logo.

The list of what constitutes a trademark is long. A trademark can also be granted to unique packaging such as the shape of Coca-cola's bottle, building designs, color, sound, and even fragrance. Service marks receive the same legal protection, but are used to distinguish services instead of products.

Your business can acquire trade or service marks through the consistent use of a mark. The symbols TM and SM demonstrate the owner treats the mark as a trademark or service mark. There is no requirement to federally register at the trademark office. You are still protected under intellectual property laws. However, if another party uses your mark it can be more difficult to prove your ownership.

To register online with the United States Patent and Trademark Office (USPTO), go to www.uspto.gov. There is a registration fee for each name, logo, and slogan. Federal registration ensures another party is not already using your mark. A registered trademark gives you exclusive rights to use a mark with your particular goods or services. The USPTO can only register trademarks for marks that are used across state lines. A website customers can access in other areas can satisfy this requirement. Otherwise, you will only be able to apply for a state trademark.

Only a mark registered and approved by the USPTO can use the ? symbol. Since the application process can take many months to complete, use the TM or SM symbol in the meantime to establish your intention to use the mark as a trademark. Make sure you keep records as to when your mark was first used in commerce and regulate the use of your mark in the marketplace.

Wendy Maynard, your friendly marketing maven, is the owner of Kinesis. Kinesis specializes in marketing, graphic and website design, and business writing. Visit http://www.kinesisinc.com/resources/article s.html for more articles and free marketing wisdom.

Want to harness the power of kinetic marketing? Sign up for Kinesis Quickies, a free bi-monthly marketing e-newsletter: http://www.news.kinesisinc.com

---

Tips for Creating Brilliant Business Names

Imagine if Yahoo! had been named TheInternetDirectoy. Or StarBucks was christened "Premier Coffees". The names would be far more descriptive than their current ones. But they wouldn't embody the essence or spirit of... Read More

Shattering the Branding Myths

If you've been online long, you're sure to have seen many "gurus" give their ideas about branding. However, much of what you read simply isn't true. Over the years, many myths about branding... Read More

Wealthiest 10% of Americans Name Top Quality Brands for 8 Products in New Survey

The seventh in a continuing series of twice-yearly surveys by The American Affluence Research Center (AARC) reveals the brands considered to have the highest quality, regardless of price, by the wealthiest 10% of... Read More

A Lesson in Branding from Paris Hilton

I have never been a fan of Paris Hilton.I see her parading around in her odd-looking clothing choices, leading her loyal following of giddy anorexic schoolgirls around by their noses, and I think,... Read More

Brand Value Plan - Brand Identity Guru

Developing brand value is critical to every organization and when professionally executed, delivers a clear and measurable competitive advantage to your firm. It does so by helping you establish a positive connection and... Read More

The Positioning of Success

Many businesses of today are often driven to compete striclty on price, quality, and features of their products and services. Companies who prosper over the long term don't simply offer the best... Read More

Branding: You are the Brand

What's in a brand name? Everything! Think of these brands: Coke, Barbie, Hershey, McDonalds, Madonna, Pepsi, Bono, Microsoft, Kleenex, Xerox, Steven Spielberg, Dell and GM. Did you notice that brands can be things,... Read More

Don?t Get Caught In the Trap: The BIG Difference Between Personal and Business Branding

When you're all alone in the privacy of your home office, surrounded by your computer, your phone and your business idea, have you ever asked yourself, "Where's the line between me in my... Read More

Boston Web Design Branding - Brand Identity Guru

A branding company's website purpose is to design websites that will attract attention, give a professional image and support the message you are trying to convey in writing. There are arguments for doing... Read More

Brand Building 101

Building your brand into a brand leader isn't easy. There are 2 areas that can really help you grow your brand, passion and consistency. Passion is incredibly important. You have to understand that... Read More

Are You Brand Worthy? Are You Brand Worthy?

Branding is a one hot topic, although it is wildly misunderstood. To make things even more confusing, branding is often tossed in the same basket as marketing which makes its application to an... Read More

Brand Building 201: Finding The Ideal Way

The strongest and longest lasting brands branch off of an existing category. Branching takes patience and time. There are two speeds for launching a brand, each one with its own pros and cons.Speed... Read More

Understand Brand

Branding has been defined, explained and examined extensively. There are books, articles, publications, seminars, and groups all dedicated to exploring the meaning and use of brand today.Interestingly, with all this wealth of information,... Read More

How Important it is to have a Professional Logo Design for your Business?

There are a lot of things that contribute towards the success of a business. Having a good quality product doesn't necessarily assure the success of a business. To build a long term impression... Read More

How Will Your Visitors Remember You And Your Business? Brand Yourself From The Crowd...

Big and Yellow 'M' reminds you McDonalds... 'DELL' with oblique E reminds you famous 'Dell' computers...No matter somebody is a beginner or a well established business person, they need to make their products... Read More

Choosing the Right Color Palette

Color is a highly personal experience ? everyone has favorite colors, and other colors that they absolutely don't like. So, how do you determine which colors that will work for your business identity,... Read More

Quick Tactics To Brand Your Business And Make More Sales

This may come as a surprise... to you, but Branding is more than just Logo and Business or Product Name recognition.Branding is "The total emotional and intellectual involvement your prospects and customers have... Read More

Brand Image ? Brand Identity Guru

Having a brand image is not a "have or have not" proposition. Everyone has one. The problem is that you might have more than one brand image, depending on whom you ask. You... Read More

Blonds Have More Fun!

In the book, The Blond Knight of Germany, American authors Toliver and Constable detail the life of the greatest fighter pilot to ever fly, Germany's Erich Hartmann. During WWII, Hartmann recorded 352 confirmed... Read More

Corporate Internet Branding ? Branding Your Business Online

Let me tell you a story about Pete and a pizza. After a long day of fighting uncooperative pipes and fixtures, Pete P. Lumber, of Pete's DuperRooter, was looking forward to a nice,... Read More

Brand Identity and the CEO

This week I spent a few hours with a highly successful CEO discussing his brand identity questions and concerns. "What do the most successful brand initiatives have in common?" he asked. I shared... Read More

Multi-Brand Franchises in the QSR Sector

Well not everyone is aware that McDonalds also owns several other bands such as Boston Markets; 650 stores in 23 states, Chipotle Mexican Grill; 230 stores in 10 states, Donato's Pizza 200 stores... Read More

Mascots ? The Killer Promotional Concept

Mascots are the unique dolls or puppets that help identify a sports team or a company. These carry the unique property of "Stickiness". Your great customer support and product quality sticks only so... Read More

Does Your Message Pass the Test?

Develop an effective benefit message and you're well on your way to building your company's entire marketing program. After all, you need focus to create success. Without it you can wind up expending... Read More

Brand Your Consulting Brilliance

Today's competitive marketplace for consulting services is no longer responsive to the marketing strategies that worked in the past. The services you provide should speak volumes about your consulting business. Think about what... Read More

Hawaiian Heirloom Jewelry

Back to the era of the Hawaiian monarchy, the origin of Hawaiian heirloom jewelry can be found. The Hawaiian kingdom had long enjoyed a favorable relationship with England.In February 1862, Prince Albert, husband... Read More

Brand Name Identity in the Oil Business

I submit to you that Brand Name Identity in the Oil Business is just a important today as it was when Mobil Oil and McDonalds were building their brands. Perhaps in the future... Read More

Clouds Gather Before A Storm: Utilizing The Power Of Brand

How brand management can help utility organisations to create a 'difference'.Ever thought why are many consumers willing to pay more for a trusted name brand instead of a store brand, which often is... Read More

You?ll Bring a Parade of Business to Your Door!

Parades happen in every big city and many small towns. They are fun, relaxing and most people are there because they really want to be. Parades are a wonderful marketing tool if you... Read More