Can a trademark be too broad?

2. Overly Broad Goods and Services Claimed in Trademark Application. Similarly, as an applicant can use too narrow of a description of goods and services, an applicant may try to file for too overly broad of a description. If the goods and services are overly broad, rejection may occur for several reasons.

Can a trade name be a trademark?

While a trade name is not usually considered a trademark or service mark, it can be entitled to protection under trademark laws if it is used by the business to identify products or services and it is distinctive enough.

What is too generic to trademark?

A trademark can become “genericized” if the mark becomes identified with a type of product or service in the public’s mind, rather than a particular brand. Xerox is frequently used as an example of a trademark that was once threatened with becoming generic because of misuse.

Why would a trademark get rejected?

A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

How do you protect a trade name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.

How is trade mark different from trade name?

A “Trade Name” is the official name under which a company does business. It is also known as a “doing business as” name, assumed name, or fictitious name such as PepsiCo, Kirloskar Group of Companies, etc. On the other hand, “Trade Mark” is the name the business uses to market its products and services.

What is an arbitrary trademark?

An arbitrary trademark is a word that has an ordinary dictionary meaning, but has no special meaning in relation to the goods or services to which it is applied, other than its source-identifying function. An example of an arbitrary mark is APPLE® for computers.

Can you trademark a commonly used word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.

How do I know if my trademark is opposed?

Once your application is approved, you will receive a notification of notice of publication. This notification will inform you that on a certain date, your mark will be published for opposition. This date is the date that the opposition period will begin.

Which types of trademarks Cannot be used?

A trademark which shows kind or quality A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics.

How do I know if my business name is already taken?

Is my business name taken? The best way to find out if your business name is taken is to do a business entity search within your state, check Federal Trademark Records, and search the web to find businesses with the same or a similar name.

Can my trading name be different to my business name?

Trading names You can also trade using a different name to your registered name. This is known as a ‘business name’ or ‘trading name’. Trading names must not: be the same as an existing trade mark.

Is a trademark right for your business name?

Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you. A trademark typically protects brand names and logos used on goods and services.

What is a trademark and how does it work?

A trademark is a legal symbol that protects the mark of your trade. You can trademark anything from your logo to your tagline. However, perhaps the most valuable asset to cover of all is your company name. After all, your name is the foundation of your entire identity.

When is the right time to trademark your brand?

When Is the Right Time to Trademark Your Brand? The best business strategy is to think about trademarks from the very beginning—ideally, when you’re choosing your business name and logo and forming your business entity. A strong trademark helps you establish a successful brand that stands out from the competition.

How do I find out if a trademark has already been registered?

Before you apply, you should search the USPTO’s trademark database ( Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: 1 Similar to your trademark 2 Used on related products or for related services, and 3 Live