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Trademarks Overview

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Trademarks Overview
Trademarks Overview

In order to be successful, a business venture must have a strong brand identity. It’s just as important to safeguard that brand. However, small business owners often overlook trademarks as an important first step in securing a brand.

What is a Trademark Logo?

If you’re familiar with McDonald’s, for example, then you know what a trademark is. While building brand loyalty among repeat customers, a trademark allows the seller to protect what is trademarked from use and/or misuse by competitors.

Branding helps prevent consumer confusion and manipulation by associating distinct attributes—such as quality —with a particular brand.

The following are assets that can be protected from a branding perspective: logos, names, taglines, and packaging In order to trademark these assets, they must first meet certain requirements.

If a word or phrase is widely used in the same industry or is already associated with another product or service, it cannot be trademarked.

“Search engine” as an example is not a trademarkable term, but a unique name like Google is. It’s possible to trademark your name even if it’s generic and used in a field unrelated to its intended meaning. Apple Computer would be a good example of this.

If you advertise directly to your clients, then you can trademark your business name. It is unlikely that you will be able to do so if you don’t utilize your business name in direct conversation with your clients because you aren’t connecting your name to your brand and its attributes. Before your Business setup in Dubai, you need a business name trademarked as it will play a big role in your marketing efforts.

How Trademark Protects Businesses?

Your intellectual property is protected by a trademark. If you create a logo and utilize it, you automatically have the exclusive right to use it and sue anyone who uses it without permission. A trademark registration, on the other hand, gives you additional legal rights.

What cannot be Protected?

Your exclusive right to use generic phrases or concepts does not come from owning a trademark! As an example, consider “Juicy Juice.”

The doctrine of fair use does not apply to trademarks. On the whole, Fair Use allows people to make use of registered trademarks and copyrighted works in a way that doesn’t lead to confusion among customers

No. A trademark only protects your logo in the nation where you registered it. Patenting your logo in one nation can make the process of filing for a second country easier, but you must submit a Trademark logo registration in every country where you want that legal protection.

Copyright V. Trademark

As a trademark, copyright serves the same purpose. Different types of intellectual property are protected by the two organizations.

  • In addition to novels, short stories, characters’ names, and fictional worlds as well as music and code, copyright protects other types of creations that aren’t explicitly created for commercial purposes.
  • This type of intellectual property is used to protect things like brand names, logos, and taglines.

Conclusion

It’s important to remember that the more you can identify your brand from others in your market, the easier it will be to defend it in the long run. The name and logo of your business should be unique and protect it from the competition.