Trademark Protection FAQ

Are some trademarks stronger than others?

Yes. trademarks usually fall under 2 classes, robust and weak. robust marks receive a lot of protection than weak marks. The relative strength of a trademark depends on the distinctiveness of the name, brand or image getting used, however weak trademarks have the potential to become stronger over time.

• Strong trademarks: sturdy trademarks are inherently distinctive and are usually thought of inventive or outside of the standard. samples of this embrace Google, Exxon, or Xerox.

• Weak trademarks: weak trademarks usually embrace some side of their business in their name, and sometimes embrace a geographic name besides. an honest example to demonstrate this can be to distinction with Exxon with a corporation like British fossil fuel. each companies' primary business is the procurance and sale of fossil fuel merchandise. whereas Exxon's name is distinctive, corn oddly, and says nothing concerning what it will, British Petroleum's name indicates wherever it started and tells you specifically what the corporate sells.

• Turning weak logos into sturdy trademarks: though a reputation like British fossil fuel might are "born" weak, trademark law permits for otherwise weak names to become sturdy. If an unremarkably weak trademark engages in substantial sales, advertising or otherwise will increase public awareness of the whole, then the trademark is thought of distinctive, is registered with the U.S. Patent and Trademark workplace (USPTO), and can receive bigger protection.

Can a business name be trademarked?

Business names by themselves are said as "trade names". A brand isn't a constant factor as a trademark, and lots of corporations use their brand on things like letter paper, invoices and alternative necessary documents. A trademark, on the opposite hand, is pasted to a product or a service that the business offers.

The 2 will overlap, and lots of businesses use their name each on letter paper and affix their name to merchandise that they sell. as an example, Xerox is each a corporation name, used on letter paper, however, is additionally branded onto their copiers and business machines.

Can a web site or name be trademarked?

Yes. To be clear, however, though a web site or name is also given fully as one thing like http://www.companyname.com, neither the https, www or .com are a part of a reputation that may be proprietary. Rather, it's the name in between the computer network and also the .com that may be proprietary. A typical example of this might be a web site like computer network.google.com, wherever Google would be the web site or name that's additionally a trademark.

Are logos ruled by federal or state law?

Trademarks receive protection beneath each federal and state law. The cluster of federal laws that govern logos is put together called the Lanham Act (15 U.S.C. sections 1051-1127). additionally, logos square measure registered and guarded by the USPTO, that may be a federal entity. All states, however, have statutes that additionally govern the utilization of trade and repair-marks inside the state.

In addition to those statutes, the U.S. system uses a system of "common law" supported long-standing court selections to assist decide WHO is entitled to use a trademark. In general, the common law offers the user who initially uses the trademark possession of that trademark.