FaQ’s

Intellectual property - IP: refers to the legal rights that protect creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs. The four main types of intellectual property are patents, trademarks, copyrights, and trade secrets. These rights are intended to encourage innovation and creativity by allowing creators, innovators, and inventors to control and benefit from the use of their work. By granting exclusive rights, intellectual property laws incentivize creators to invest time and resources in developing new ideas and creations, which can contribute to economic growth and progress. If you would like to learn more about intellectual property, you can check out our article: <a href="https://easy-trademarks.com/blog/four-types-of-ip-your-startup-must-protect">Four Types of IP your Startup Must Protect.</a>

<p>A trademark is a type of intellectual property right that is afforded to brands in the form of a word, phrase, symbol, or design that identifies your goods and services and distinguishes brands from competitors. Read more on types of trademarks, how to protect them, and what rights you will receive. Trademarks include logos, names, phrases, sounds, colors, scents, and touch. They serve as a source identifier for consumers, allowing them to identify and associate a particular product or service with a distinct company. The product or service that the trademark is associated with is what is being established and distinguished by the trademark. So in simple terms, a trademark is a brand that is protected utilizing intellectual property law and identifies the source and quality of a product or service. A trademark gives you the exclusive right to use your mark and helps prevent competitors from using a mark that’s the same as or very similar to yours. For more information on trademarks and service marks, check out our <a href="https://www.easy-trademarks.com/blog/what-is-the-difference-between-a-trademark-and-a-service-mark">article</a>. Simply using a name, logo, or slogan in a business gives it some level of trademark protection, though these “common law” trademarks are hard to enforce and apply only in your immediate locality. You can get statewide trademark protection by registering your trademark with your state. But the strongest and most far-reaching trademark protection comes from registering your mark in the country you would like to operate in. Read more on why you should register your trademarks and trademark protection in the <a href="https://www.easy-trademarks.com/blog/federal-trademarks-vs-state-trademarks-vs-international-trademarks-in-the-usa">USA Federal Protection vs State Protection</a>.</p>

<p>A patent is a legal document that grants an inventor exclusive rights to use an invention. All patents are inventions, but not all inventions are patents. A granted patent allows inventors and innovators to prevent others from making, using, selling, or profiting from the patent without the proper approval for a specified period of time. For an invention to be considered a patent, it should be filed and protected with a patent office or a patent and trademark office, which is a government agency. Patent and Trademark Offices examine patent applications and provide legal protection for a new and useful invention or process. In order to be granted, a patent must meet specific requirements, including being novel, non-obvious, and useful. A patent is usually granted for a period of 20 years. The patent protection period usually starts from the date you first apply for patent protection. Patents are valuable assets for inventors and companies, regardless of the size. Startups and companies interested in innovation and disrupting markets usually invest in patent protection. Patents provide a competitive advantage and prevent others from copying or profiting from their innovations. If you need more details, you can check out our article about exploring the world of patent.</p>

Copyright (or author’s right) is a type of intellectual property and a legal term used to describe the rights that creators have over their literary and artistic works, ranging from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, technical drawings, and certain other intellectual works. For someone to use a copyrighted work, they typically need to obtain permission from the copyright owner. This permission may come in the form of a license, which grants specific rights to use the work for a specified period and purpose. If someone uses a copyrighted work without permission, they may be liable for copyright infringement and have to pay damages to the copyright owner. The purpose of copyright is to promote creativity and encourage the creation of new works by giving authors the exclusive right to control how their works are used and distributed.

A geographical indication (GI) is a sign used on products that have a specific geographical origin and qualities or a reputation that is due to that origin. For a GI to function, a sign must identify a product originating in a given place. A geographical indication (GI) is a type of intellectual property right that defines a geographical source of a product or service by showing products with specific traits or a reputation that can be linked back to that location. GIs protect the standing of a product, such as a specific type of cheese or wine associated with a particular geographical region. The purpose of geographic indications is to guarantee to consumers that the product they are purchasing has specific qualities, characteristics, or reputation that are unique to the geographical region in which it is produced. GIs are protected under national or international laws, and their use is intended to benefit producers and consumers alike by ensuring that products are made according to specific standards and by promoting the value and identity of local and regional products. Check out our article about <a href="https://www.easy-trademarks.com/blog/why-is-brand-identity-so-important">brand identity.</a>

Trademarks and copyright are both forms of intellectual property, but they protect different types of assets and have registration requirements. Overall, copyright protects literary and artistic materials and works, such as books and videos, and is automatically generated upon the creation of the work. A trademark protects items that help define a company brand, such as a business logo or slogan, and requires more extensive registration through the government for the greatest legal protections. Trademarks protect brand names, logos, and other marks that identify and distinguish the source of goods or services, while copyrights protect original creative works of authorship, such as books, music, and artwork. The main difference between trademarks and copyrights is the type of intellectual property rights they afford. Trademarks are used to protect the branding and reputation of a company or product, while copyrights protect the creative expression of an idea. Trademarks provide exclusive rights to use a distinctive mark with goods or services, while copyrights give exclusive rights to reproduce, distribute, and display creative works. While both trademarks and copyrights are valuable forms of intellectual property, they serve different purposes and protect different types of creative works. <a href="https://www.easy-trademarks.com/blog/four-types-of-ip-your-startup-must-protect">Read more about other types of IP and how to differentiate them</a>.

According to Merriam-Webster’s dictionary, goodwill is 1. “The favor or advantage that a business has acquired especially through its brands and good reputation. 2. The value of projected earnings increases of a business especially as part of its purchase price. 3. The excess of the purchase price of a company over its book value which represents the value of goodwill as an intangible asset for accounting purposes.” From a trademark perspective, goodwill is interchangeable with reputation and represents the consumer’s willingness to purchase a good or service over and over again. Trademark goodwill is the positive association that consumers have with a brand, which can include the brand's reputation, customer loyalty, and market share. Trademark goodwill is important in several ways. First, it represents the value of a company's brand and can be a valuable asset on its balance sheet. Goodwill can be an indicator of a brand's reputation, and it can increase the overall value of the company. Second, trademark goodwill can act as a barrier to entry for competitors. If a brand has established a strong reputation and customer loyalty, it can be difficult for new competitors to enter the market and compete on an equal footing. Third, trademark goodwill can help a company expand into new markets or product lines. If a company has established a strong brand reputation, it can use that reputation to build trust and credibility with consumers in new markets or with new products.

A service mark is a form of intellectual property protection. The mark prevents competing businesses from using names and insignias that could potentially confuse consumers. Unlike trademarks, which identify the source of goods, a service mark identifies the provider of a service and may consist of a word, phrase, symbol, design, or some combination of these elements. A service mark is a type of trademark used to identify and distinguish services provided by an individual or business. It can be a name, symbol, or other identifier used to represent the source of a particular service. Service marks are valuable for companies because they help to build and protect the brand identity of a service. A service mark is different from a trademark, which is used to identify and distinguish goods. While a trademark identifies a product, a service mark identifies the source of a service. By establishing a service mark and registering it with the appropriate authorities, businesses can differentiate themselves from competitors and build a reputation for quality and reliability. <a href="https://www.easy-trademarks.com/blog/what-is-the-difference-between-a-trademark-and-a-service-mark">To Read more about the difference between service marks and trademarks can be explored.</a>

A trademark is a word, phrase, symbol, or logo used to brand, identify, and distinguish a product. A service mark (or servicemark) is a word, phrase, symbol, or logo used to brand, identify, and recognize a service. The TM and SM designations are placed with trademarks and service marks to show that the owner has started the registration process. Both trademarks and service marks serve the purpose of protecting the brand and reputation of the mark holder and helping prevent others from using the same or similar marks for similar products or services. The legal requirements and processes for obtaining trademark or service mark protection are similar. However, the registration process may vary slightly for trademarks and service marks. <a href="https://www.easy-trademarks.com/blog/what-is-the-difference-between-a-trademark-and-a-service-mark">Further extensive analysis on the difference and impact of registering a Service mark vs a trademark can be accessed.</a>

A word mark is a trademark typed in standard characters without regard to font, style, size, or color. In a trademark application for a word mark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font, or graphic features. In other words, you are protecting the phrasing, not the logo.

A word mark is a type of trademark that consists of a single word or combination of words used to identify and distinguish the goods or services of one company from those of another. Protecting a word mark can provide a number of benefits to a business. First, it helps to build and maintain brand recognition and goodwill with consumers. Second, registration of a word mark provides broader rights and basically protects the wording of the mark regardless of its style. Thus, applications for word marks do not claim rights to any particular font, style, size, or color. Applying for a word mark means you can vary the design aspects of the mark (e.g., style, upper/lower case, font) in use without causing a conflict with your trademark application, so long as the wording (e.g., spelling, number of words/terms, etc.) remains the same. If a company's trademark is registered, regardless of whether the mark is a word mark, slogan, or logo, the owner can take legal action and is entitled to remedies to prevent others from using the same or similar mark in connection with similar goods or services.

If you are filing for a design mark, you must decide whether or not you will claim colors. If color is not claimed, then the design mark should be filed and protected in black and white, but your usage of the design mark may be in any color. If color is reserved, then you must file a color version of the design mark and use the exact colors and color combination as those applied for in the application.

Many countries accept a color to be registered as a trademark, such as Tiffany blue, Galaxy silk brown, and Valentino red. Color marks are much harder to register and require fame to succeed in registration.

A design mark is used to register a logo, design, graphic, or image. If it also includes wording, such as a stylized logo, then you would apply for a design mark. A design mark protects the exact design is protected. Therefore, changing the design may warrant filing a new trademark application.

A trademark can be a logo or a word. Registering your logo as a trademark is important because, in some instances, your customers will identify your brand from your logo alone. A good logo can aid in creating brand awareness and recognition in the marketplace. Protecting your logo with a trademark is crucial to maintaining and increasing brand equity.

Easy Trademarks advises registering the trademark in the language it will be used and in the official language of the country of interest. In Arabic countries, we suggest filing the mark in Arabic and English, as in most countries, signage should reflect Arabic and Latin characters. Also, any registration mark application that doesn't include English should have an English translation.

In a trademark application for a standard word mark, it does not matter whether the letters are in uppercase or lowercase. Therefore, size, capitalization, and upper or lower case won't matter in the trademark application.

A slogan is a memorable phrase created to persuade customers and ensure they remember the product/service. Slogans are used to promote the brand of your company and by applying for trademark protection.

Yes, a slogan can be registered. However, due to the nature of the words being generic, it may take longer to protect and may face office action unless the below conditions are achieve; -The slogan being registered as a trademark is fundamentally creative and distinctive. -The slogan has been extensively used and has another meaning that immediately calls a product or service to mind.

You can trademark your name if you intend to use it in selling goods and services. However, even if you register your name as a trademark, in most instances, you are unable stop others from registering or using the name as their own. Therefore, it would be a good idea to produce a more distinctive and unique trademark when setting up a business. Some common names may not be registrable, and you cannot claim rights to them. We have written an article on the use of family names. <a href="https://easy-trademarks.com/en/details/To-trademark-or-Not-to-trademark-your-Name">Feel free to go through it, and then you can decide if you like to use your name or family name as a trademark.</a>&nbsp; <br>

You can trademark any word or phrase you would like as long as it is distinctive and unique, whether it is a company name, a brand name, or a domain name. In some countries, you must register a trademark locally in Word format to retrieve the country-level domain name.

The ® symbol can only be used when a trademark is registered and you have received the Certificate of Registration. This mark is restricted to use on trademark registrations only. It is crucial to use the symbol correctly, as improper use can result in legal consequences. If you are unsure about how to use the ® symbol, it is recommended that you consult with a trademark attorney or other legal professional. <a href="https://www.easy-trademarks.com/blog/what-symbol-to-use-for-your-trademark">If you need details, please check our article about What symbol should I use for my trademark.</a>

The ® symbol has typically placed in the upper right hand corner or lower right hand corner of a registered mark. The ® symbol is not included when filing the application for trademark registration. Using the ® symbol properly is important to protect your trademark rights and prevent others from using your trademark without permission. If you need more details, <a href="https://www.easy-trademarks.com/blog/what-symbol-to-use-for-your-trademark">please check our blog, What symbol should I use for my Trademark?</a>

The ™ symbol shows that a trademark filing is under process. If your trademark is not registered, TM is for goods. Therefore, the TM symbol is for labels that are either under process or have not been filed yet and specifically for one that relates to goods, not services. Once your mark is registered with the relevant government agency, you can replace the ™ symbol with the ® symbol to indicate that your brand is officially registered and protected. If you need extra details, please check out our blog: <a href="https://www.easy-trademarks.com/blog/what-symbol-to-use-for-your-trademark">What symbol should I use for my Trademark?</a>

There are many types of trademarks to help protect your trademark: trademark, service mark, word mark, design mark, slogan, certification mark, or collective mark. If you need additional details, please check out our blogs on <a href="https://www.easy-trademarks.com/blog/what-is-the-difference-between-a-trademark-and-a-service-mark">What is the difference between a trademark and a service mark.</a>

A certification mark is a trademark used to demonstrate that a particular product or service complies with a certain set of standards. It suggests that a person's goods or services have specific traits or match requirements or standards established by another person (who may or may not be the owner of the certification mark). Once a certification mark is registered, it can only be used by products or services that meet the relevant standards or criteria. Unauthorized use of a certification mark can result in legal action by the organization that owns the mark.

A collective mark is a trademark used or intended to be used with goods or services in the course of trade by members of an association to distinguish those goods or services from others provided by persons not members of the association.

In the absolute, if you are not a resident or citizen of a country, then you should assign a local lawyer or agent to file a trademark on your behalf. Whether or not you need a lawyer or local representative depends on the country and your residency status in that country. In most countries, if you are a resident or citizen of a country, you, as an individual, can visit the trademark office physically or online, go through the process, and register your trademark. By completing our platform and responding to our online forms, you will be automatically assisted by local representatives and lawyers to register a trademark locally. You can check out our blogs to learn about <a href="https://www.easy-trademarks.com/blog/online-trademark-tools">online trademark tools</a> Or <a href="https://www.easy-trademarks.com/blog/the-first-robot-lawyer-in-us-courts">Robot Lawyer US Court</a>.

Yes, if you are a resident of the country and able to visit the trademark office, you can register a trademark without a lawyer or a legal representative. This, however, is not recommended as communication regarding infringements or communication from the Trademark Office may not be received on a timely basis. You can <a href="https://www.easy-trademarks.com/blog/online-trademark-tools">check our blog on online trademark tools which can help</a>. If you are interested in Robo lawyers, <a href="https://www.easy-trademarks.com/blog/the-first-robot-lawyer-in-us-courts">check out our article on the First Robot lawyer in the US courts</a>.<br>

Trademarks are jurisdictional rights; therefore, each country/jurisdiction can provide a certificate relating to a trademark and protect it. Therefore, whether or not a trademark can be registered depends on the specific trademark law/intellectual property law of the country. In general, the following can't be registered as trademarks; •&nbsp;&nbsp; &nbsp;A mark having no property or distinctive character; •&nbsp;&nbsp; &nbsp;A generic mark, or simply a name given by tradition to familiar goods, products, services, or the ordinary drawings and pictures of goods and products; •&nbsp;&nbsp; &nbsp;A mark that, when used, results in undervaluing other products or services distinguished by such mark; •A mark which is deemed just a translation for a famous mark; •A mark that has already been registered by another party. If such a registration would confuse the consumers. You can check out our blog on Cristiano-Ronaldo-dance-move-trademark.

A generic trademark, is a trademark or a brand that has become a generic term or synonymous with, a general class of product or service. Usually trademarks become generic when they become famous and widely used – such as (escalator, or band aid). You can check out our blog, <a href="https://www.easy-trademarks.com/blog/how-to-create-a-strong-trademark">How to Create a Strong Trademark</a>.

The Nice Classification (NCL) for trademarks, established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks. A new edition is published every five years. Since 2013, a new version of each edition is published annually. In addition, Nice Classification is mandatory for many reasons: First, for the national registration of marks in countries. Second, for the international registration of marks effected by the African Intellectual Property Organization (OAPI) and the African Regional Intellectual Property Organization (ARIPO). Third, for the Benelux Office for Intellectual Property (BOIP) and the European Union Intellectual Property Office (EUIPO). Fourth, for the International Bureau of WIPO. You can check out our blogs to learn about <a href="https://www.easy-trademarks.com/blog/online-trademark-tools">Online Trademark Tools</a>.

When protecting trademarks, an applicant has to decide what specific goods and services the mark will be applied to. These goods and services have been grouped into 45 classes based on the Nice Agreement. The international classification of goods and services for trademarks is composed of 45 classes. Classes 1 to 34 relate to goods, and classes 35 to 45 apply to services. Trademark classification serves two functions: it provides a guideline for registering trademarks, and it can help you identify potential trademark infringers. When you file your trademark application, you must select the type of goods or services your trademark will protect and identify the goods or services you provide. Your brand will only secure the goods, services, and classes that you name in your application. You can check out our video to learn more about how to choose your Class and check our blog to know if all classes are available locally.

There are 45 classes of goods and services, and all Arabic countries use the nice classification of goods and services. Refer to the Nice Classification (www.wipo.int/classifications/nice/nclpub/en/fr/) or the trademark tool (trademark class finder and availability tool), which can assist you with choosing your class according to local availability. You can check out our video to learn about how to choose your classes, and check our blog to know if all classes are available locally.

<p>It is a good idea to register your trademark to use the mark freely, stop others from using it, and build brand equity and value. In many countries, trademark protection is granted to whoever files the trademark first and is, in many cases, a prerequisite to stopping anyone else from using this trademark freely. In other countries, trademark protection is afforded to the first user;however, if no complaint is filed against anyone who lodges a trademark then, even if used previously. The costs involved invalidating a trademark and striking it off the register are too high. So the investment to register a mark is minimal compared to the potential cost of not registering, and in addition to the possible benefits registration will bring to your business. You can check out our blogs to learn about <a href="https://www.easy-trademarks.com/blog/why-register-your-trademark">Why register your trademark</a>?</p>

For a startup or an entrepreneur going into a brand new business, registering a trademark would be very beneficial in the future. Registering your trademark when starting a business from the get-go ensures that your mark is safe and cannot be infringed on, and you will be protecting your logo from any thefts, infringements, or impositions. Registering your brand means you have the license to use this trademark on the registered goods and services in the jurisdictions where it was registered on. If you are a technology startup, you must read our guide to <a href="https://www.easy-trademarks.com/blog/a-guide-to-set-an-intellectual-property-strategies-for-technology-startups">setting up Intellectual property strategies for technology startups.</a>

For a startup or an entrepreneur going into a brand new business, registering a trademark would be very beneficial in the future. Registering your trademark when starting a business from the get-go ensures that your mark is safe and cannot be infringed on, and you will be protecting your logo from any thefts, infringements, or impositions. Registering your brand means you have the license to use this trademark on the registered goods and services in the jurisdictions where it was registered on. If you are a technology startup, you must read our guide to <a href="https://www.easy-trademarks.com/blog/a-guide-to-set-an-intellectual-property-strategies-for-technology-startups">setting up Intellectual property strategies for technology startups.</a>

A trademark can be registered by an individual. Although it can be registered, an individual will not be able to trademark their own identity. However, it only protects names commonly used during transactions or unique and different.

Generally speaking, any individual, whether local or foreign, can register a trademark they own. Very few countries internationally that do not allow individuals to own brands. This is to encourage home-based businesses to be incorporated and incur taxes. In other countries, trademark registration in the name of individuals is only allowed for locals and not foreigners. Setting up a company is not required for trademark protection. You can register a trademark in your name in most countries. However, for tax, governance, and liability purposes, it is best to have a trademark owned by a company, or as soon as you set up your company, transfer the rights to a trademark from the individual founder to the company.

Selling or transferring ownership of your trademark is decided by the individual or company that owns it. There are no legal restrictions to selling or transferring rights related to a trademark as long as you are the rightful owner. The only conditions are that it should be valid (alive), registered (not under process), and have a registration certificate. Once you are ready to transfer ownership of a trademark by selling it or giving it away, the transfer of ownership should be recorded at the trademark office. This transfer of ownership is referred to as an assignment of a trademark and is registered by filing an assignment application to transfer the ownership of a trademark.

A trademark search is a search for all trademarks that have been previously filed or registered in the country you are interested in. Trademark searches can be completed officially, administrated by the trademark office, or unofficially done on private databases. Trademark searches can also have differing scopes depending on the reason for searching. As trademarks are jurisdictional rights, a search is usually conducted at each intellectual property office (IPO) or trademark office (TMO) in each country of interest. Performing a trademark search at the intellectual property office alone is not sufficient. For a coherent search, one should also check the trademarks in use and not registered, trade names, business names, trade literature, etc.

An identical trademark search provides results of marks exact to the mark searched in the language requested. An identical mark in another language, script, or class than the one searched for will not appear in the report. This type of search is crucial because if a proposed trademark is identical or similar to an existing trademark, it may lead to confusion among consumers and result in legal disputes. If any identical or similar trademarks are found, they may need to be modified or abandoned to avoid potential legal issues. It is essential to perform an identical trademark search before filing a trademark application to ensure the proposed trademark is unique and available for registration. For further reading, you may find our blog on resolutions to register your name and logo interesting: <a href="https://www.easy-trademarks.com/blog/new-years-resolution-trademark-your-name-or-logo">New Year's Resolution: Trademark Your name or logo</a>!

A similar trademark search provides results of marks that are similar in pronunciation or look to the mark searched in the language requested. Also, a similar trademark search will not yield results on similar classes and will only provide results in the class requested. If any similar trademarks are found, the trademark search professional or attorney will review the search results and assess the potential risk of confusion. They will consider factors such as the similarity of the goods or services, the similarity of the trademarks, and the strength of the existing trademark.

A knockout search provides results of marks that are identical or HIGHLY similar, providing the applicant with an indication of the risk associated with proceeding with this application. A knockout search typically only examines the mark's wording, not any graphic or design elements. Searching for design elements can be done through third-party services.

Some trademark searching can use the USPTO Web Trademark Database: U.S. federally registered trademarks and pending registrations. Read and understand the scope notes, help screens, and disclaimers before performing your search. Therefore, every trademark registered or applied for in the U.S. is in a database known as the Trademark Electronic Search System (TESS). Each TESS record contains several key elements of the mark. Information can be found by searching for each factor. TESS can be located via a search: any marks that contain similar details, and a precise one if you are familiar with one or more of its components.

A trademark search is usually cheaper than a trademark filing. It provides visibility for whether or not the trademark will proceed to acceptance. Even though a trademark search is not as extensive as an examination at the trademark office, it still gives insights into who uses a similar mark and the risks involved with using or registering the trademark.

For trademark searching to be effective, you must have a couple of trademarks you are interested in. You also have to have an idea of what you will be using the mark for and what class of goods or services you are interested in. Finally, you should know what jurisdiction or country to protect your trademark in. It is also advisable to complete a trademark search before you file for protection. A delay in filing a trademark means that the time frame between the time you searched for and the time you filed the trademark leaves room for others to have filed the trademark.

In general, you can search by image, logo, word, phrase, number, or symbol. However, due to limitations in technology, searching by image does not yield accurate or necessarily usable results. In summary, you can search by image, logo, word, phrase, number, or symbol; however, because of modern technology constraints, browsing by pictures doesn't always give precise or usable results. By conducting a search for logo trademarks, you can find existing trademarks that are identical to or very similar to the one you want to use.

Trademark watching entails monitoring official gazettes and flagging potentially conflicting applications that are identical or similar, which may confuse the average consumer. Trademark watching is a cost-effective way to scan the market and enforce trademark rights before going to court through the opposition at the trademark office. A trademark watch service is valuable because it allows trademark owners to monitor and protect their trademarks against possible infringement. By receiving timely alerts about potentially infringing trademarks, the trademark owner can take action to prevent infractions, such as filing an opposition or sending a cease-and-desist letter.

<p>The trademark registration process varies from one country to the next and is dependent on the specific laws. In general, however, trademark registration involves three key steps by the applicant (owner of the trademark); -    Filing a trademark application -Publishing a trademark application -Issuing the certificate proving trademark registration. To know more, <a href="https://www.easy-trademarks.com/guide/Trademark-registration-in-USA">check out our User Guide on how to register your trademark</a>.</p>