Let’s talk about trademarks.
I have previously covered Trademark Scams on my blog but I haven’t really talked much about actually registering a trademark, the correct way of doing it and the common pitfalls you should try to avoid.
I actually stayed away from this topic for a good reason – trademarking is a very complex and legal subject – something that I’m simply not qualified to give advice on! People go to expensive law schools to learn this stuff so there’s no way I could give you even a basic overview of the proper steps in registering a trademark.
Luckily for us – and I’m super excited to share this with you – I have arranged a professional trademark attorney, Dr Frazer Bye, to share some inside tips & advice on the trademark registration process.
So without further ado – let’s get to it!
By Dr. Frazer Bye
What is a trademark?
A trademark is any sign that is capable of being graphically represented which can distinguish the goods or services of one undertaking (for example a business) from those of other undertakings (i.e. other businesses).
A registered trademark provides a monopoly to exclude a third party from using a similar or identical mark for similar or identical goods or services where it can be shown that there is a likelihood of confusion on the part of the public.
Trademarks can be registered for any means of differentiating your business from any other so long as the mark can be represented graphically. Hence, trademarks are not limited to words and names, but can include figures (such as cartoon characters), colours (e.g. the colour orange for mobile telephones), music (e.g. mobile phone ring tones), product shape (e.g. certain Swiss triangular chocolate bars), and packaging. You can in theory register a smell as a trademark, although no one has yet succeeded.
A trademark can be exploited like any form of physical property. Trademarks can be bought, sold, mortgaged or licensed. A trademark can distil brand value into a tradeable commodity and trademarks themselves can be valuable assets. [Read more…]