What Trademark Is This

What is a trademark?

What are trademarks?A trademark is a unique identifier, often referred to as a “brand” or “logo”. Once a trade mark is registered, the ® symbol may be used with the trademark. A Trademark is thus an intangible property of its owner and the owner has the authority to enforce it in the case of unlawful uses. A Trademark can be in various forms like Logos, Words, Shapes, Sounds and Smells-or any combination of these.Why trademarks are needed?There are plenty of reasons for a mark to be trademarked. With a trademark registration, you become the proprietor of the mark and you are entitled to enforce it in the case of an infringement. Below are some of the reasons a small business owner should trademark their brands.Trademark makes you proprietor of the brandYou can stop others from copying your productsTrademarks are an effective communication toolTrademarks make it easy for customers to find youTrademarks are a valuable assetWhat can’t be trademarked?Assuming the fact that you are a business operating from the jurisdiction of United States, we can say that not all marks are eligible for being trademarked. As per the United States Trademark Statutory rules any or all marks can’t be deemed valid for federal registration. Section 2 of the Lanham Act or Trademark Act, 15 U.S.C. § 1052, provides many restrictions as to those trademarks that may not be federally registered with the United States Patent and Trademark Office's (USPTO) Principal Register.Registered ® vs. Unregistered ™ Trademarks: Trademarks can either be registered or is under the process of being registered. In the former case we use ® (R in round circle) and in the latter we use ™ (TM). In other words, we can say that the use of ® specifies that the marks have already been taken and approved by the respective trademark office. While the mark ® specifies that the mark has been submitted to the trademark office and is yet to be approved by the patent office.

What is the procedure after a trademark is advertised in trademark journal? Can we use the trademark (™) for the time being?

If a trademark has been advertised in the journal, this means that the Trademark Registry has accepted your trademark application. And if no one opposes the mark within four months of the publication, your mark will stand registered.As far as symbol (TM) is concerned, you should start using the symbol from the day you have filed your trademark application. So there is no problem in using the symbol (TM) once your make is advertised.If no one opposes your mark within four months of filing the trademark application, your mark will stand registered and then you can use the symbol (R) with your trademark.Hope this answers your query. In case you need any further clarification, feel free to revert on our Facebook page Nagpal & Associates, Advocates and SolicitorsThanks,Advocate Sumit Nagpal