What is a Registered Trademark?

Image via Wikipedia

 What is a trademark?

A trademark is a legal way of protecting what is most precious to you – the name and reputation of your firm.

An example of a trademark is shown opposite.  You see that it is marked “image via Wikipedia”.  This means that the owner of the trademark (or “Mark” as it is generally known) has given permission for Wikipedia to print it and make it available for “fair use” by Wikipedia’s readers, and Wikipedia in turn have given “fair use” for one of those readers, Mark-mil.com, to show it to you.  By clicking on the link above, you can read Wikipedia’s description of that legal term.

Image via Wikipedia

Wikipedia also have a trademark , their “logo”.

Again they have given permission for Mark-mil.com to show it to you. .

A “logo” is the word used to describe a particular symbol associated with a company, usually specially created for them, often at great cost.  Astonishingly, many large companies register their Name as a Mark but not their logo, or their logo as a Mark, but not their Name.  To protect their reputation, it would be wise to register both.

The Purpose of Obtaining a Mark

When a Mark has been registered, whether words or an image or both, no-one else may use the Mark with out the permission of the owner.  Often you will see a small TM beside the Mark, indicating that the Name or symbol is protected.

Permission is frequently given for use of the Mark in approprite contexts, as the mMarks on this page are being used, but the owner of the Mark can control the way in which people see their name, and the context in which it is seen, which is very important for marketing purposes.

How Can I get a Trademark?

To obtain a Mark, you must be able to show that you have the “exclusive right” to the use of the words or symbols being registered.

This is often difficult to do.  Facebook, for example, are frequently involved in expensive litigation concerning their Mark, and recently failed to prove that Lamebook was exploiting their Name, for the excellent reason that Lamebook was offering a different kind of service which could not be confused with the Facebook service.

When is a Mark not a Mark?

The Trademarking Registration Process is Complex

As the above examples show, the process of obtaining a trademark is a complex one, and the process of dealing effectively with people who attempt to infringe one’s trademark is an even more complex one.

A Good Trademark Lawyer is a Great Help

If you don’t have a lot of time to spare, or doubt the wisdom of trusting your  own judgement, then a good trademark attorney or trademark agent is a great help.

They understand the process, know what to say in order to gain acceptance, and can guide you through the rock strewn shoals.

But as we all know, lawyers do not come cheap.  You are likely to spend several thousand dollars that way.

Or you could let us help you…

A more affordable option  – indeed a no-cost alternative – is to take our short course on trademarks.