There you go, sitting at your computer, dreaming up the next big thing. A new product, a catchy slogan, a clever logo – so many ideas swirling around in your head! But before you dive in, let’s chat trademarks. You’ve probably heard some common trademark myths, but how much do you really know? Don’t worry, we’re here to help! Get ready to separate fact from fiction. In just a few minutes, we’ll tackle the biggest trademark misconceptions so you can move forward confidently. Knowledge is power, so let’s get started and make sure your great ideas get the protection they deserve!
Common Trademark Myths and Why They Persist
Trademark Myths #1: Registering a trademark isn’t complicated.
Not true! The trademark application process could actually be quite tricky if you don’t know your way around it. While hiring an attorney is an option, it’s often that they require extra fees outside of their hourly charges. Some traditional law firms even charge $450/hr (not including office action fees). If you do plan to do it yourself, since it’s the cheapest option, know that it has the highest rejection rate at 68-81%. The best possible choice is to find a trademarking service that has a flat fee and a money-back guarantee (us!), because at the end of the day, that one time charge will be comparatively less than cost of rebranding… or just losing your brand entirely.
Trademark Myths #2: My business name is automatically trademarked.
Unfortunately, just using a name for your business does not grant you any trademark rights. You must actually file an application with the USPTO to establish ownership of your trademark. Without federal registration, you have very limited protection for your brand.
Trademark Myths #3: I can’t trademark a name that’s already in use.
This is false. Trademark rights are specific to the goods and services you offer. So while a name may already be trademarked for one industry, you can still register it for your own separate industry. What matters is whether or not the name is likely to cause confusion among customers.
Trademark Myths #4: Once I register my trademark, I own it forever.
Trademark registrations must be renewed every 10 years to remain valid. If you fail to renew your trademark, it will eventually expire and no longer be protected. So while federal registration does provide strong legal rights, it’s not a one-and-done process. You must consistently renew your trademark to maintain ownership of it over the lifetime of your business.
The truth is, there are many misconceptions around trademarks that often discourage small business owners from protecting their brand. But by understanding the facts, you’ll see that registering a trademark for your business name, logo or slogan is actually well within your reach!
Trademark Myths #5: You Must Register a Trademark to Have Rights
It’s a common myth that you must formally register your trademark to establish legal rights to it. The truth is, you automatically have common law rights to a trademark as soon as you start using it in commerce to identify your goods or services. Registration simply grants you full ownership.
So don’t delay launching your business or product just to register a trademark. Get out there and start using your trademark right away! Establishing those common law rights is key. Once you’ve been using the mark for a while and have ensured there are no conflicts, then you can consider registration.
Registration does provide important advantages though. It gives you nationwide priority over others who may try to use a similar mark later on. It also allows you to recover profits, damages and legal fees in infringement suits. And a registration deters others from adopting similar marks in the first place since the USPTO search files are publicly available.
While common law rights are better than nothing, federal registration should still be an important part of your overall brand protection strategy. But the key point is, don’t buy into the myth that you must register first before you can start using your trademark. Get out there, build your brand, and establish those all-important common law rights right from the start! When the time is right, registration will still be waiting for you.
So in summary, you have automatic common law rights as soon as you start using your trademark in commerce. Trademark registration provides substantial benefits, but you don’t need to register first before establishing your rights. Now you know the truth – and knowledge is power!
Trademark Myths #6: Generic Terms Can Be Trademarked
Let’s set the record straight – you absolutely cannot trademark generic terms! Generic terms are words that are commonly used to describe a class of goods or services, like “shoe”, “car”, or “restaurant”. These words belong to our shared language, not any one company.
Trying to claim exclusive rights over a generic term is like trying to trademark “device” for computers or “beverage” for drinks – it just won’t fly! The trademark office routinely rejects applications for generic terms. Even if a generic term trademark is granted by mistake, it can easily be canceled by a court.
Why does this matter?
It matters because generic terms belong to all of us. They are the building blocks we need to describe the world, communicate ideas, and conduct business. If companies could lock up generic terms, it would severely limit our ability to innovate and compete in the market.
Imagine if one company owned the trademark for “phone” or “computer” – any new phones or computers would either need a license or have to be called something ridiculous like “handheld communication apparatus”! This is why courts and the trademark office are so careful to avoid granting exclusive rights over generic terms.
The bottom line is that generic terms like “shoe”, “restaurant” and “computer” describe entire classes of goods and services, not any particular company’s brand. They remain free for all to use. So if you’re thinking of trademarking a generic term for your business, save your time and money – focus instead on building a distinctive brand with a unique name and logo. A strong, original brand identity is the key to success, not trying to own common words we all use every day!
Trademark Myths #7: Trademarks Last Forever if Renewed
Come on, you didn’t really think trademarks last forever, did you? While trademarks can be renewed indefinitely, they are not guaranteed eternal protection. Trademarks must be actively used in commerce to remain valid. If a trademark is abandoned for any reason, its protection can be lost.
Let’s say you’ve been renewing your trademark for years but then decide to stop using it in your business. After a period of non-use, usually 3 to 5 years, your trademark can be considered abandoned. Anyone else is then free to adopt a similar trademark for similar goods or services. Yikes! The best way to avoid trademark abandonment is to continue using your mark actively and consistently in the marketplace.
Another way trademarks can lose protection is if they become generic over time. This means your trademark becomes the common word to describe a product or service, like Kleenex or Band-Aid. If a court rules that your trademark has become generic, you’ll lose your exclusive right to use it. The key is to be vigilant and take action against improper use of your trademark by others.
The bottom line is that while trademark renewal is important, active use and defense of your trademark is even more critical to maintaining its validity long-term. Don’t fall for the myth that a trademark lasts forever once registered. Like most good things, trademarks require ongoing time and attention to endure. But with the proper care and feeding, your trademark can thrive for generations!
Conclusion
So now you can see that trademarks aren’t as confusing or intimidating as they might seem at first. By understanding some of the common myths and learning the real facts behind trademarks, you’re empowered to make smarter decisions about protecting your brand. With this knowledge in hand, you can march forward confidently into the exciting process of building your business’s identity. The truth will set you free from needless worry and let your creativity soar. Embrace the thrill of defining your distinctive brand as you establish your unique place in the marketplace. The sky’s the limit when you’re armed with the facts about trademarks!