Huntsville Trademark Attorneys & Lawyers

What is a Trademark vs. a Brand?

While your brand represents your reputation and business in the public eye, a trademark legally protects those aspects of your brand that are unique and specific to your company. It is a mistake to use the terms "trademark" and "brand" interchangeably, as they have very important differences. When considering the two, remember the "all-but-not-all" rule. All trademarks are brands, while not all brands are trademarks.

In its simplest form, your brand is your image. It is what the public sees and thinks about your company. A trademark is a specific aspect of your brand which has legal protection as it is a unique identifier for you.

Trademarks can be specific words or phrases, such as slogans, which are a vital part of your company's brand. They can be

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Updated June 26, 2020:

What are Types of Trademarks?

A trademark offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services. Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark. 

• Generic Mark
  • A generic trademark actually doesn't qualify for a trademark unless it includes more specific detail. One example of a generic mark is the phrase, "The Ice Cream Shop." Offering trademark protection on something this generic would restrict all other shops that sell ice cream.
  • To qualify a generic mark for a trademark, it needs to describe qualities, character

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Updated October 23, 2020:

What Can Be Trademarked?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.

Trademark are important to:

• Distinguish your company from others
• Indicate the source of goods
• Distinguish your service from others
• Give permission to other companies for cobranding
• Indicate a membership in a union

A trademarkable symbol also lets customers know who you are. This is especially important when two companies in the same industry have a similar name, for example.

The three

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Generally, copyrights provide a monopoly on a work for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. However, a simple question like how long a copyright will last should have a simple answer, but it doesn't. The answer depends on when the work was first published, where it was created, whether it was commissioned, and a few other factors.

Does the Creation Date Impact the Copyright Protection?

Yes. Generally speaking, copyright lasts for the life of the author plus 70 years if the work was published in the U.S. after January 1, 1978. If the work had more than one author, the “life of the author” is measured by the death of the last surviving author.

However, copyright protection can range from between 95 from the year of its first publication to 120 years after the year of its creation due to special circum

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Trademark Checklist: How to Register and Maintain Trademarks

1. Make a trademark.
2. Find out whether you are eligible for a trademark.
3. Do a trademark search in the United States Patent and Trademark Office (USPTO) Trademark Electronic Search System (TESS) database.
4. Read about your legal options.
5. Fill out and submit a trademark application.
6. Respond to USPTO Office Actions.
7. Use your trademark.
8. Enforce your exclusive trademark rights.
9. Keep your trademark active.

Trademark Checklist Step 1: Develop a Trademark

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