Talking Trademarks – 5 Things Every Business Owner Should Know

1. What are Trademarks?

The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

2. What is the Purpose of Trademarks?

Protect consumers
- Coffee example

Value to rights holder

3. Are some Trademarks Better than Others?

Yes, not all created equal

i. Fanciful

ii. Arbitrary

iii. Suggestive

iv. Descriptive

Things to avoid

i. descriptive

ii. geography

iii. surnames

iv. foreign languages

4. How Close is too Close to Another Trademark

Need to understand likelihood of confusion test
Very flexible
Not strict
How close are the two marks - Slight change in spelling not enough
How close are the Goods/services, sophistication of consumer, trade channels, etc

5. Do I Need to Register a Trademark to have one?

NO
Use in commerce
Benefits of registration

Bonus – why hire an attorney for a TM?

Single filings, with some study, not the end of the world to do yourself
But these rights last forever (in theory), if there is any complexity at all, get advice
Attorneys can help with future plans, contingent plans, scope of your registrations, and practical advise
Worthy investment

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