Almost anything can be a trademark if you indicate the source of your products and services. It can be a word, a slogan, a design, or a combination of these. It can even be a sound, a scent, or a color. Before reading this section, watch the following overview video that covers the four types of trademarks and what they are used for, the topic of trademarks, and why trademarks are important not only to their owners, but also to the general public.
When applying for trademark protection, it's important to understand the differences between each type. If you apply for brand protection with a generic brand, you'll waste time and money because you won't receive approval. The Tariff Act of 1930 makes it illegal to import into the United States any foreign-made merchandise if such merchandise or its packaging bears a trademark owned by a U. Because color was not claimed as a characteristic of any of the above trademarks, Coca-Cola may use its trademarks in any color.
It's best to find out that your brand is too generic before investing time and money in filing an application with the United States Patent and Trademark Office (USPTO). Before filing a trademark application, evaluate your brand and determine which category is the most appropriate. The Lanham Act, enacted in 1945, helped provide more protection under trademarks issued in the United States. In principle, service marks are exactly the same as trademarks, except that these words, names, symbols, or devices identify and distinguish the source of a service.
If you need help with the types of trademarks, you can post your question or concern on the UpCounsel marketplace. When a company or individual receives approval for a trademark application, it comes with legal rights and protections. If you're not sure if your brand is too generic, talk to an attorney with experience in trademark law. A trademark owner can take legal action against someone who infringes the trademark in federal court.
Whatever the type of trademark, the purpose of the trademark is the same: to distinguish the source of goods or services and to guarantee consumers the quality of the product or service. Understanding the different types will also help you know if you need to make changes to your brand before applying for a brand.
