Common Trademark Misconceptions
Trademark law is an important part of protecting businesses, but there are many misconceptions about it that can lead to costly mistakes. This blog looks at some of the most common misconceptions about trademark law and explains why they are incorrect. By understanding the misconceptions about trademark law, businesses can make more informed decisions and avoid costly legal problems.
Misconception #1: “Trademarks and tradenames are the same thing.”
A trademark is a word, symbol, design, phrase, or any combination of these used to identify a product or service. A trade name is the name under which a business is legally organized and conducted.
Generally, a trademark protects a brand for the goods and services specified in the application. Trademarks help protect the goodwill of a company by distinguishing it from other businesses and products while protecting its reputation by preventing others from copying its goods or services, while a trade name identifies a company’s official name. Both have different functions and requirements and should be used correctly to ensure the proper protection of a company’s goods and/or services.
For example, Coca-Cola is a trademark; The Coca-Cola Company is a trade name.
Misconception #2: “Trademark registration is a one-time process”.
Having a registered trademark is an important step in protecting your brand, and it is an ongoing process. It provides you with exclusive rights to use your mark and allows you to take legal action against those who use it without your permission. While registering your trademark does not guarantee that no one else will use it, registering your trademark empowers you with the legal means to safeguard your brand. It’s important to note that registration isn’t permanent. Here are some examples of how a trademark could be revoked or canceled due to lack of continuity during the process:
1. Not Complying with Renewal Deadlines: Trademark registrations need to be renewed between the fifth and sixth years after the U.S. registration date, between the ninth and tenth years after the U.S. registration date, and for periods of 10 years after that to keep the registration active. If you do not renew, your trademark registration will be canceled.
2. Abandoning the Trademark: If you do not use the trademark in commerce for three consecutive years, the registration can be canceled. This means that you must keep using the trademark in the marketplace to keep it registered.
3. Allowing Your Trademark to Become Generic: If you do not police your trademark and allow it to become generic, meaning that it is no longer an indicator of a specific source of goods or services, then it can be lost.
Misconception #3: “A trademark provides absolute control over a brand.”
Although it may not offer absolute control, it is a powerful tool. While a competitor may use a similar brand name or logo, a trademark can prevent them from using it in a way that could cause confusion in the market.
Misconception #4: “I already bought a domain. That means I own the trademark.”
A domain name is a form of internet address that helps direct potential customers to your website. A trademark, on the other hand, is a type of intellectual property that is used to distinguish a company or product from its competitors. When you buy a domain name, you are securing the exclusive right to use it for hosting your website. However, it's important to note that this does not grant you any intellectual property rights. Therefore, you cannot legally prohibit other businesses from using the same domain name or a similar trademark. Registering your domain is not mandatory, but it is essential for safeguarding your brand if you plan on expanding your business online.
For example, a domain name is “www.google.com”; Google” is the trademark.
In conclusion, it is important to understand the common misconceptions about trademarks so that business owners can make informed decisions about protecting their intellectual property. Registering a trademark is a small investment that can help protect a business’s rights and prevent costly litigation in the future.
