While it is sometimes confused with general copyright or patent laws, the trademark is a very specific type of patent law. Trademarks are marks, words, or letter-number combinations that are used to mark the products of a certain company. These are usually done so that the company’s products can easily be recognized, and it is a way for companies to make sure that they are not being ripped off.
If you’re thinking of acquiring a trademark for some of your company’s products then there are a few things you should do first. The first thing that you need to do is to make sure that the trademark you’re thinking of using is not already in use by another company. If the trademark is already in use before you register then you will not be able to adopt it. If you’re not sure how to find out whether or not the trademark you want to use is already in use, don’t worry. You can always contact an attorney who specializes in trademarks to make sure that it is open for your use.
In some countries, you will be able to register your trademark right away. However, if you live in a country like the United States or the United Kingdom, you’ll need to use the trademark before you’ll be allowed to register it. This is to prevent people from registering large numbers of trademarks and selling the registered trademarks at a profit.
If you have a trademark that you would like to use, the first thing you need to do is to either use it or register it depending on where you live. However, that is not the only thing that you need to do in order to make sure that the trademark remains yours. For instance, you’ll need to use the trademark properly rather regularly, otherwise it may become an abandoned trademark, and could be used by other people or companies.
You can also allow other companies to use your trademark, but you should always make sure that you are prepared to license and watch these other companies carefully to make sure that you still maintain control of your own trademark. There are a few things that you should also keep in mind about trademarks that are not usually considered by most people. For instance, trademarks should only be used as adjectives. When they are used as nouns or verbs, it makes it more likely that the trademark will become a generic term – and once it becomes a generic term, then other companies will be able to use the trademark.
Another thing that should be done if you are going to use a trademark is that you should also make sure that the way in which it is used is somewhat distinctive. You should always strive to set the trademark off from the rest of the text that it is being used in. This is another way to help keep your registered trademarks from becoming generic terms.
If you register and use a trademark effectively, however, it can help to increase the number of people who recognize your products on sight!
Jakob Jelling is the founder of http://www.cashbazar.com. Visit his website for the latest on personal finance, debt elimination, budgeting, credit cards and real estate.
Source : http://www.amazines.com/Law/article_detail.cfm/61120?articleid=61120
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