Trademark Archives - GUJRAT INDIA

Trademark a Name and Logo – Together Or Separate?

Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service. Registering a trademark grants the owner exclusive rights to the mark within the specified industry. Of course, it’s necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

Let’s assume you’ve done your due diligence, had comprehensive research conducted and your name and logo are legally available. The next step is filing for a Federal trademark.

Now when it comes to filing, a big question is should the name and logo be filed together or separately?

This decision is going to depend on a number of circumstances, as with most things in the trademark world. Let’s take some time to go through a few different scenarios:

1) Your comprehensive trademark research on the logo shows that it is legally available whereas the trademark research on the name shows a similar, not the same, name within a related, not the same, industry. Your trademark attorney may then advise you to file the name and logo together to ensure registration.

2) In showing your mark (e.g. advertising, web site, tags or labels, etc.), the logo is ALWAYS shown with the name but the name is sometimes shown without the logo. In this case, you may want to file two applications – the name and logo together AND the name alone.

3) The logo you’re using is the crux of your brand and the name you’re using is entirely descriptive of your goods/services. You may want to trademark your logo only OR trademark your logo alone AND trademark the name & logo together.

An important thing to keep in mind regardless of your particular situation is that whatever is filed with the USPTO is exactly how you should be using the mark. The USPTO wants to see your mark as you present it to your customers.

Get Your Trademark With Search, Classes and Registration

In every country now it seems to get some over strict rules for corporate sector. For developing countries like for India, China, Singapore and many more that involves in export and import are compulsory to follow all types of business rules and regulations. These countries comprise wide range of corporate sectors offer different types of products and services to the world market. In this all world leading companies usually hire the services of business law companies that facilitate all types paper work and other business legal solutions to these business houses at the international level. There are many business companies that offer all these types business law services to corporate sector of different level. Among the different services trademark search India, federal trademark search, company registrations, company formations, company names search, trademark monitor, paralegal trademark, copyright registration, PCT filling in India, patent trademark attorney, brand registration, logo registration, trademark infringement and many more. All these services involve huge paper work that should be submitted to particular law office scattered to the different sections of the globe and it is very easy for these business law companies to come over with these legal services that must be follow by different business houses world wide.

Among these services trademark registration is one of the most demanded and favorable legal services of the corporate sector. Trademark is a mark in the form of design, logo, attractive words or phase that represents a particular company in the world market. As per the rule one should not use / copied / misuse other’s trademark previously registered by the trademark register office. There are many rules and procedures to be follow for trademark registration including describing a mark to the trademark registration application, when it was first used along with classification and describing the services or products on which the mark will be used. Apart from these trademark search plays an important role for business houses where these business law companies facilitates the complete search for trademark with its legal availability. As in many cases there are chances to get trademark which is not legally available.

Mainly during the time of trademark litigation, these business law firms played a vital role for the cheated company where they have to submit claim application and many other processes have to follow in order to get justice. Apart from these trademark watch and trademark classes are also offered by law firms under which the classification of trade mark has taken place. These classifications involve the types of services or products under which the trademark is to register. These legal firms assist you in selecting classification and deciding what type of products you have and under which classification your trademark is to be get registered. Besides these, there are many services that one should follow in order to get all types of benefits at the corporate level. It is recommended to follow as without following it is very difficult to run business smoothly across its boundaries in the long run.

Why Have Famous TV Channels Used Three Letter Logos As Their Trademark?

As far as TV channels are concerned, it is easier to call them by their initials than their complete names. In fact, many people don’t even know what their initials stand for. For example, did you know that BBC stands for British Broadcasting Corporation and NBC stands for National Broadcasting Company?

The reason for using initials instead of complete names for their brand mark is two-fold. First, calling the channel by its complete name can be quite a mouth full which can be unappealing to the customers. Secondly, creating a business symbol through company initials gives you a broader margin for creativity than encompassing the entire name in the emblem.

Here are a few examples for TV channels that have used three letter logos for their trademarks

1. TNT:

Their symbol has seen many faces. It started out as a sharp edged symbol in red and yellow but then transformed into the red three initials in a yellow circle. Their latest design is the most sophisticated of all. It is a silver colored emblem which consists of the three initials in silver color along encased in a silver ring. Although the design is quite light for a TV channel, it is still quite chic and trendy. This is a perfect example how to design an emblem by using only the initials and giving them a trendy look.

2. MTV:

This music television symbol attracts the exact audience it wants to capture. This channel is mainly targeted towards the youth and their trademark is created accordingly. It consists of the big letter M with TV written on the top right corner of the symbol. Although their brand mark has remained consistent throughout the tenure, they have made distinct changes in the colors and effects according to the country or the message it wants to send across. For example, you may see it with colorful abstracts in the background or you may see it aligned at a diagonal angle.

3. NBC:

Their company name may have been scripted in simple and straight fonts but the feature that sets this logo apart from others is the use of a colorful peacock. This symbol teaches us that combining an attractive image with simple and straight fonts can create a brand mark that is distinct and memorable.

4. CNN:

For a channel that prides itself over latest news all over the world, their emblem depicts exactly that. The 3 letter logos consist of the letters in red soft edged fonts linked together with a white line running through the letters. The use of red color makes this emblem attractive and energetic. This is one of the most popular TV channels who have kept a consistent logo through years which has contributed towards its success.

In a nutshell, use letters to create your TV channel’s emblem and craft it in a manner that is distinct and innovative.

Filing a Trademark – Plain Text Vs Stylized Logo

When filing a trademark, the USPTO gives you two options: Standard Characters or Specialized Form (Stylized and/or Design). Let’s look at each one in detail and that should help you decide the best way to file for your mark.

As with any discussion about filing for a trademark, it is always assumed that you’ve done your due diligence and had comprehensive research conducted. That being said…

Standard Characters

This option is selected to register “word(s), letter(s), number(s), or any combination thereof, with no design element and when you are not claiming any particular font, style, size, or color, and absent any stylization or design element.” In essence the USPTO is talking about plain text.

To qualify for this claim, the mark entered must fit within the standard character set. This includes letters and numbers but also some symbols, such as the ampersand (&), the dollar sign ($), the asterisk (*), etc.

Special Form (Stylized and/or Design)

This option is selected to register marks that are “comprised of stylized word(s), letter(s), and or number(s), and/or a design element.” For example, if your business name is shown in a certain font and that font is an important element to your overall brand, it might be a good idea to file it as such. This is also the selection you’ll make if filing a logo/design. A logo can be filed on its own or with your name.

Can you File for Both?

Technically, yes though not at the same time. Two separate applications (meaning double the fees) would have to be filed if you wanted to choose the standard characters and the special form.

Why Would I File for Both?

Most small business owners would not but as with anything in the trademark world it is going to depend on your overall plans for the brand. Let’s say you have a name and a logo – easy enough, you use the special form. But let’s assume that your name is going to be shown without the logo in a variety of fonts. Perhaps you have several product lines or your product line is geared towards different types of consumers and you have different font styles for each. Then it may be a good idea to also file the name as standard characters so as not to claim any one distinctive look to the mark but rather protect the name overall.

How Can a Trademark Save Your Company?

A trademark represents your business. You can trademark a brand name, logo, symbol, and even a sound that refers to your business.

A trademark depicts others that your company owns the products or services you offer in an exclusive manner. Customers are at times driven into purchasing a product by its brand name so it is important to make the brand stand apart by first having a unique trademark. Recognizable symbols help to create healthy relationships with customers and maintain loyal repeat buyers.

Your need for a trademark registration depends on the scale in which your business is established or growing. If your trading operations take place in one state only and there is no interstate trading going on, then you do not require a registered trademark.

When you acquire a business license from the state you trade in, you gain legal rights to your Company’s name. No other person or company can use your business name unless allowed to.

But if you want to expand your business and you start trading in other states as well, your trademark will not be protected. In this case, you will have to register your trademark which will ensure protection as well as authenticity to your brand. Registering your trademark helps prevent problems like doing business in states with companies that are operating under the same trademark.

You may also be inclined to register your trademark if you provide goods or services on the internet. E-commerce merchants often trade with customers outside their business’ home state. A registered trademark will protect your company’s identity when conducting online business in other states.

The several benefits of registering your trademark:

Communication: A trademark makes it easier for you to communicate your ideology with your consumer base. Certain designs or words in your logo may prove to be effective in selling and marketing your products. Usually, consumers associate with certain intellectual and emotional messages that come across via your trademark.
Valuable Asset: With time and the pace at which your business grows, the value of the trademark appreciates subsequently. There are times when trademark as an asset grows to such a level that it surpasses the overall value of the company. It can then be sold, provided on a lease or used as a security while procuring loans.
Availability: A trademark helps customers to recognize a particular company. In a competitive world when several others are offering the same service or selling the same good as you are, it is difficult to stand out. Here, trademark comes to your rescue. It captures the attention of the customer and makes them less likely to shift to another brand. They also know who they are dealing with, hence, is less likely to shift to an alternative.
Recognition: When a customer looks for your products on the online portal, a unique registered trademark helps the portal to filter results and display your name on the top. The filtered results which display your name on the customer’s screens happens only when there is higher traffic for your products, which translates into higher rankings thus fetching in more customers and more brand recognition.
No Expiry Date: Your trademark does not expire as long as it is being used. Once registered, there is no provision for a renewal.

While choosing a brand name, the owner must keep in mind that it must justify your product. Thorough research must be done in order to avoid probable cases relating to infringement.

All the above points cater to the question why a company needs a trademark to save itself.