How to Use a Trademark Properly
A trademark client once told me he couldn't wait for his brand to be so famous people would use it as a verb, like “to google” (to search online) or “to xerox” (to copy documents electronically). The problem is, a trademark is an adjective that describes the source or maker of a specific good or service. Using a trademark as a noun or a verb can turn your valuable brand name into a generic word - that your competitors can adopt to describe a category of product or service. Xe
What Goes in a Trademark Application?
The application itself is deceptively simple. You need: Name of Applicant Officer of the company, if applicable Address Email Phone Number Mark Classification Description of Goods and Services Specimen (proof of use in Commerce) Name and contact information of Attorney (if applicable) When the application is filed, the applicant, or their attorney, must swear as to the good faith basis of the application (use or intent-to-use), the applicant has the right to use the trademark
The Trademark Process
As we said previously, many different items can function as trademarks, such as names, logos, color schemes and product designs. When we go to file the trademark application, we must describe the goods or services offered under that trademark. The trademark statute has 45 classes of goods and services, and we must figure out what class your mark belongs in. Thus the first step is to figure out your business model and finances and determine the most appropriate type of regis
