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Trademark Certificates In The USA And The Benefits Associated With Such
It is by far a better option to go through the trademark registration process and to obtain trademark certificates in a country than simply using a trademark. First usage without trademark certificates already affords one some form of protection under common law, when such a mark is used in commerce.
In the USA trademark rights normally go to the first user of the trademark in the particular geographical location. As long as the owner uses it in commerce, the protection within that state or area will be in place.
Obtaining trademark certificates by registering trademarks at the US Patent & Trademark Office (USPTO) is however, recommended for maximum protection against infringement by another party. In the USA one can obtain trademark certificates for trademarks registered on the Principal or the Supplemental Register.
One can rely on common law for protection, but if you want to strengthen your right to a mark, it is better to go the route of registration to obtain trademark certificates.
In the USA there is a continuum for describing the strength of trademarks including:
- Fanciful
- Arbitrary
- Suggestive
- Descriptive
- Generic
Fanciful and arbitrary marks have the most strength and protection. As such the focus should be on getting trademark certificates for such rather than for descriptive or suggestive ones. To qualify as fanciful a trademark will be something invented in terms of words and design without any dictionary application.
The marks don’t describe the products or the services registered for. Suggestive marks are those marks used to suggest the usage associated with the mark whereas descriptive marks indicate the product or service while generic marks cannot pass the test and one will thus struggle to get trademark certificates for those.
Let us help you select strong trademarks and assist with the obtaining of trademark certificates in South Africa, USA, Europe or Africa.
Contact us for assistance today.
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