Talking Trademarks – 5 Things Every Business Owner Should Know

1. What are Trademarks?

The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

2. What is the Purpose of Trademarks?

• Protect consumers

  - Coffee example

• Value to rights holder

3. Are some Trademarks Better than Others?

• Yes, not all created equal

i. Fanciful

ii. Arbitrary

iii. Suggestive

iv. Descriptive

• Things to avoid

i. descriptive

ii. geography

iii. surnames

iv. foreign languages

4. How Close is too Close to Another Trademark

• Need to understand likelihood of confusion test

• Very flexible

• Not strict

• How close are the two marks - Slight change in spelling not enough

• How close are the Goods/services, sophistication of consumer, trade channels, etc

5. Do I Need to Register a Trademark to have one?

• NO

• Use in commerce

• Benefits of registration

Bonus – why hire an attorney for a TM?

• Single filings, with some study, not the end of the world to do yourself

• But these rights last forever (in theory), if there is any complexity at all, get advice

• Attorneys can help with future plans, contingent plans, scope of your registrations, and practical advise

• Worthy investment

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