As long as your trademark's distinctiveness identifies your product and services, you may claim trademark rights for your unregistered trademark and stop others—even bigger companies—from using your mark, but only in your geographic area. Unregistered trademarks may be protected by federal trademark laws.
With trademarks, the entire process can be completed online pretty easily, even if you do it yourself without hiring an attorney.
Invention Must be Reduced to Practice Specifically, Georgia PATENTS requires inventors to either: Create a working prototype; or. Describe the invention in sufficient detail such that a person with ordinary skill in the relevant field could Make and Use the Invention without any outside assistance.
Non-U.S. citizens can indeed register their trademarks in the United States, ensuring global brand protection. The USPTO allows international applicants to secure their trademarks by demonstrating usage or intent to use in U.S. commerce.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
Definition of Trademark A trademark is used to identify goods made by a specific producer. Tom's distinctive logo would be one such example, but trademarks can also take the forms of phrases, words, or symbols. Distinctive sounds, scents, or even shapes and colors can also be registered as trademarks.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
How to patent a phrase for a t-shirt? You cannot patent a phrase! Patents are used to protect inventions and novel and non-obvious processes, machines, or compositions of matter. Phrases, on the other hand, typically fall under trademark protection.