¿Qué es una marca comercial?

Giselle Ayala Mateus, Esq.

PDF HERE

A trademark is a form of intellectual property. It is a distinctive sign that can be created or adopted in the form of any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

A trademark:

  • Identifies the source of your goods or services.
  • Provides legal protection for your brand.
  • Helps you guard against counterfeiting and fraud.

In the United States, specifically, it is not necessary to register a trademark in order to establish ownership of one. However, registration is a best practice because otherwise, it can become costly and complex to prove ownership, enforce trademark rights, or request payment of damages for trademark misappropriation.

What can be trademarked?

  • – Product names and nicknames (for example, both Coca-Cola and Coke are marked)
  • – Logos
  • – Sounds (like the distinct NBC chimes)
  • – Business names
  • – Slogans (like Nike’s “Just Do It”)
  • – Color combinations or schemes (like the brown of a UPS truck)
  • – Smells (yes, smells. Hasbro received a Play-Doh scent trademark in 2018)

What can’t be trademarked?

  • – Any mark that is already in use, or is too similar to a mark already in use
  • – Generic descriptive words
  • – Commonly used phrases or messages
  • – Direct religious quotes and passages

What is the trademark symbol? How do I use it?

A trademark symbol TM informs the public that someone claims rights over a logo or word as a trademark. This may serve as evidence of knowledge that a trademark is owned by another. A ® symbol indicate that a trademark is registered before the USPTO.

 

Contact us to schedule a free consultation. Our team would be happy to discuss your trademark, provide a preliminary clearance search and explain the trademark application process.

You may also like…

O1 Visa to Green Card

O1 Visa to Green Card

  The O1 visa to green card process stands as a distinctive category within the U.S. immigration system, designed specifically for individuals who possess extraordinary ability in their respective fields. This visa type is not a one-size-fits-all; rather, it...

What is a Permanent Resident in Commuter Status?

What is a Permanent Resident in Commuter Status?

  In immigration law, what is a permanent resident in commuter status? Permanent resident typically refers to an individual who has been granted the right to live and work indefinitely within the United States. Such individuals possess a green card, which serves...

ES
CALL NOW GAM LAW OFFICE