Trademark

Definition

A trademark is a legally protected symbol, name, word, phrase, logo, design, or combination of these elements that identifies and distinguishes a product, service, or brand from others in the marketplace.

What is a trademark?

It serves as a recognisable symbol of the source and quality of goods or services associated with a particular company.

A trademark is a crucial element of a company’s brand identity. It helps consumers identify and distinguish products or services associated with a particular business or source.

Trademarks are protected by intellectual property laws to prevent others from using a similar mark in a way that could cause confusion among consumers. This protection helps maintain the distinctiveness and integrity of a brand.

Types of trademarks:

1. Word marks: Consist of one or more words or letters.
2. Design marks: Include logos, symbols, or graphical elements.
3. Slogans and taglines: Short phrases or mottos associated with a brand.
4. Product shapes and packaging: In some cases, unique product shapes or packaging designs can be registered as trademarks.

Trademarks can be renewed indefinitely as long as they continue to be used in commerce and the necessary renewal fees are paid. This is in contrast to patents, which have a limited duration.

Trademark protection is typically granted within specific jurisdictions. However, some international treaties and agreements allow for the extension of trademark rights across multiple countries.

Owning a trademark vs. having a registered trademark

Owning a trademark and having a registered trademark differ in terms of legal protection and enforcement. Owning a trademark typically means using a distinctive sign, logo, or name in commerce to identify and distinguish goods or services. However, this ownership provides limited legal protection.

Having a registered trademark, on the other hand, means that the trademark has been officially recorded with a government trademark office, granting the owner exclusive rights to use the mark nationwide and providing stronger legal protection against infringement. Registration also allows for easier enforcement of rights and greater remedies in legal disputes.

Trademark vs. patent vs. copyright

A trademark protects brand names, logos, and slogans used to identify goods or services and distinguish them from others. A patent protects new inventions or discoveries, granting the inventor exclusive rights to make, use, and sell the invention for a certain period, typically 20 years. Copyright protects original works of authorship, such as literature, music, and art, giving the creator exclusive rights to reproduce, distribute, and display the work.

Each form of intellectual property protection serves a different purpose and applies to different types of creative and innovative outputs.

What happens if someone copies me?

If someone copies you and you have a trademark, you can take steps to protect your rights. Start by sending a cease and desist letter, asking them to stop using your trademark. If they ignore it, you can file a lawsuit for trademark infringement. The court can then order them to stop, award you damages for any losses, and possibly make them pay your legal fees. Enforcing your trademark helps keep it exclusive and avoids confusing your customers.

Example of a trademark

Imagine a new company called “ZapTech” that specialises in innovative electronic gadgets. They have developed a unique logo featuring a lightning bolt striking through the letter “Z,” symbolising their cutting-edge technology and fast-paced innovation.

The “ZapTech” logo is distinctive, memorable, and instantly recognisable. It serves as a trademark for the company’s brand identity, distinguishing their products from competitors in the electronics market.

ZapTech registers its lightning bolt logo as a trademark with the appropriate intellectual property authorities to protect its brand identity and prevent others from using a similar logo.