- Hi everyone.
I'm attorney Aiden Durham with 180 Law Co. in Colorado
and you are watching "All Up in Yo' Business".
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On this episode of "All Up in Yo' Business"
I'm busting up some common myths about trademarks
and trademark registration.
But first don't forget to like, subscribe and share
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Okay, now let's start busting some common trademark myths.
The first very common myth or misconception
when it comes trademarks is that trademarks and copyrights
are the same thing.
This is false, super, super false.
Trademarks are things like words, phrases, symbols, designs
that are used by businesses,
copyrights protect creative works
such as songs, books, and artwork.
While there can be some overlap between the two
copyrights and trademarks are very much not the same thing.
Trademark myth number two is that you should wait
to register your trademark until your business grows
and gets successful.
This one is definitely false.
It is possible, and it can certainly be beneficial
to start the trademark registration process early
before you've even launched your business.
Doing so will number one help to make sure
the trademark's actually available for you to use
and number two, avoid having to potentially
go through an expensive and time consuming rebrand
if the trademark issue comes up later on.
The third trademark myth is that you need an attorney
to get a registered trademark.
This one is mostly false,
but it is actually true in some situations.
Due to a recent rule change with the United States
Patent and Trademark Office,
you do actually need a lawyer
if you're not domiciled in the U.S.
But aside from that applicants in the United States
can register a trademark without a lawyer.
However, even though you can do it
doesn't necessarily mean you should.
Having an attorney help you
with the trademark registration process
can significantly improve your chances
of getting the trademark approved.
Most trademark attorneys, myself included
will do a thorough trademark search beforehand,
and we'll be able to strategize the best way to go about it
to increase the odds of registration.
Check at the description for information
on my all inclusive trademark registration package
if you're looking for help with your trademark.
Myth number four is that your trademark
should describe what you do or what you sell.
This is a biggie.
In the marketing world we're often encouraged
to use descriptive terms or phrases in our business names.
The idea is that we want our consumers to know what we do
or what we sell.
If my dog Rocky wants to start a business selling dog beds,
a name like Rocky's dog beds
will let consumers know Rocky sells dog beds,
but in the trademark world names like this, they suck.
We refer to them as merely descriptive trademarks
because they merely described the goods being sold.
In this case, Rocky's dog beds
and trademarks that are merely descriptive
are not usually eligible for trademark registration
though there are some exceptions.
But ultimately it is better to be creative
and try to avoid nearly descriptive trademarks.
Trademark myth number five
is that once you have a registered trademark,
nobody else will be able to use that same trademark.
While it is correct that trademark registration
gives you exclusive rights to use your trademark
those rights are typically limited
to the goods and services that you sell.
So it is still possible for two trademarks to coexist.
In fact, not only is it possible,
it's actually pretty common.
That's why we can have things like Delta Air Lines,
Delta Faucets, and Delta Dental,
or Dove soap and Dove chocolate
or Domino's pizza and Domino's sugar.
Even though these are all in the trademark world
essentially identical, they can co-exist
because they're used
for completely unrelated goods and services.
Trademark myth number six, is that registering a domain name
or registering an LLC or business name
will help secure your trademark rights.
This is very much false.
Registering a domain name does absolutely nothing
with regard to trademark rights.
Same with registering an LLC or DBA.
The primary benefit is that no one else can register
that exact domain or that exact business name,
but trademark ownership and trademark rights
only come from actually using the trademark in commerce
in connection with the sale of goods or services.
Myth number seven is that the little R, TM and SM symbols
can be used interchangeably, false.
That little R in a circle symbol
designates a federally registered trademark
and it can only be used when the owner
has a federal trademark registration.
You're not permitted to use that symbol
with a state trademark registration
or a pending federal registration.
The TM and SM symbols on the other hand,
indicate common law trademark rights
and can be used with unregistered or registered trademarks.
You can and usually you should use TM or SM
with your trademark until it's registered with the U.S PTO.
TM stands for trademark and SM stands for service mark.
We'll typically use SM when the business provides a service,
but you really can't just use TM,
regardless of whether it's a good or a service.
They're essentially the same thing.
And finally, our number eight trademark myth
is that trademark applications are easy to file
and registrations are easy to get.
This one could not be more false.
After filing the trademark application,
the application's gonna be assigned
to an examining attorney who will review the application
and make sure it's been completed properly,
that the trademarks eligible for registration
and that it won't conflict with an existing trademark.
The process timing, and really the work involved
will be different for each application
and the majority of trademark applications
will receive a refusal or objection in one form or another.
And often this requires extensive legal research and writing
to overcome those issues.
At a bare minimum the trademark registration process
is gonna take around eight to nine months, start to finish,
but commonly it's gonna take closer to a year
and it could very easily take multiple years.
While the trademark application may look easy
and straightforward on its days,
the trademark registration process
is actually anything but easy.
That's why it's always a good idea
to work with an experienced trademark attorney
if you are trying to secure a trademark for your business.
This is not something that you want to try
to tackle alone trust me.
That's all for this episode folks, drop a comment below,
let me know what you think
and don't forget to check the description
for additional information and resources.
If you want help with your trademark, I've got my signature
all inclusive trademark registration package,
Brand Bombshell.
And for those of you who prefer the DIY route,
check out Brandish, my on-demand course
that will teach you step by step,
how to prepare for, complete
and submit a trademark application without a lawyer.
You can find all those details down in the description.
Thank you all so much for watching.
I'm Adan Durham, and I'll see you next time.
(upbeat music)