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Trademarked

What do McDonalds famous golden arches have in common with Dr Pepper and its deep reddish-brown colored can? Both of these popular icons are trademarked.What does it mean when a product has a trademark?

What Does The Term Trademarked Mean?

Having a trademarkmeans that another product legally cannot have the same name or logo as a product with a trademark without risk of infringement. It essentially means that a company or individual has a legal right to use a certain design because they have either registered their trademark with the US Patent and Trademark Office or have a license agreement with the copyright owner.

Can A General Term Such As Buzz Be Trademarked?

Some may arguethat buzz is a generic term and thus does not need a trademark. However, this will ultimately be a decision that the federal government will have to deliver. In the past, other companies have used generic terms for their products such as word or windows and today, these terms are trademarked under copyright laws. Is buzz a trademark name? This depends on if government officials think buzz describes a product.

What Is The Difference Between Something Being Copyrighted Or Simply Trademarked?

A common phrase cannot be copyrighted.However, it can be trademarked, but the phrase must be short and original. Those violating a phrase with a trademark can be prosecuted, as long as the company or individual holding the phrase or logo can prove their trademark had been violated. If something is copyrighted, the owner would diligently have to protect his copyright by suing violators.

Does A Word Or Phrase Have To Be Trademarked To Be A Valid Phrase Or Word?

The word or phrase does not have to have a trademark to be valid. The USPTO has an entire database of registered trademarks which can be searched for free. However, the database only covers registered trademarks or pending applications. There may be unregistered trademarks that may also be valid.

How Much Does It Cost To File An Application To Have Something Trademarked?

It costs between $275 and $375 to file a trademark application with the USPTO. Each application covers a single good or service and applications must include drawings or descriptions of their trademarked service or good. Hiring an attorney to file paperwork can cost around $1,000, resulting in a final price of approximately $1,500. However, individuals can file themselves for around $50 if they feel confident in their abilities to file.