What is a trademark

Ever wondered what makes a brand stand out in the market? Along with the products and the services they offer, brand identity is a part of the list. So, how do you protect your brand from others trying to steal its identity? It is a trademark.

A trademark protects your brand’s name, logo, and other unique identifiers from being used by others, and it provides you with exclusive rights to those elements. This blog will tell you what a trademark is. Also learn about why they’re important, how to register them, and how to protect your brand from violations.

What is a trademark?

A trademark is a legal protection for a brand's identity. It can be a word, a name, a logo, a tagline, or even a slogan that distinguishes one product or service from others. When you create something original, such as a business name or logo, that work is automatically protected by copyright, but to get exclusive rights to the name or logo, you need to register it as a trademark.

Copyright vs trademark

Copyright and trademark are forms of intellectual property protection used for your brand. However, both serve different purposes.

Copyright protects original works of authorship, such as art, music, literary works, and software. It automatically applies when you create something original, and it gives you the exclusive right to reproduce, distribute, and modify your work.

Trademark, on the other hand, protects symbols, names, logos, and slogans that distinguish your business from others. It’s about protecting your brand identity, ensuring that no one else can use a similar mark that could confuse consumers. It needs to be registered by the brand.

In short, copyright is for protecting creative works, while trademark is for protecting brand identity.

Types of trademarks

Before you plan to register your brand elements with a trademark, understand the types of trademarks.

• Word mark: These are words or combinations of words that identify and distinguish your brand, like a unique business name.

• Logo marks: Logos or graphic representations of your brand, like a symbol or graphic design.

• Combination marks: This refers to the combination of words or a combination of words and graphics used to identify a brand.

• Sound marks: Certain sounds that are associated with your brand. It can be an audio logo, a jingle, or any music that you own as a brand identity.

• Trade dress: This refers to the appearance of the packaging you have designed for your products.

Why is a trademark important?

Have you come across brands that have started very early and changed their name because another brand has purchased a trademark for the same name? This is why a trademark is important. You will have your own brand identity, so no one will use it. Here are some reasons why it is important.

• Protects your brand: A trademark prevents other businesses from using similar names or logos, which could cause confusion and damage your brand’s identity.

• Gives you the legal right: A registered trademark gives you the legal right to stop others from using your brand’s name or logo without your consent.

• Becomes an asset: A trademark can increase your business value when you plan to sell or expand the business after gaining a certain brand credibility.

• Improves brand presence: Have you looked for clothes of a particular brand? This is exactly what the trademark does. It creates a unique brand presence and increases the loyalty of the customers towards your brand.

How to trademark your brand?

Trademarking your brand is a simple process. However, you need to pay attention to some details. Here is how you do it - step-by-step.

Step 1: Choose a brand element that needs to be trademarked.

It can be your brand name, logo, sound, or anything that only belongs to your brand. Make sure it is original and sets your brand apart from others. Avoid picking up generic elements.

Step 2: Conduct a trademark search

Trademark protection in one country does not automatically extend to other countries. If you plan to operate internationally, you’ll need to file for trademark protection in each country you plan to do business in.

In case you are operating only out of the Netherlands or in Europe, you can do a check in the Benelux Trademark Office database (for the Netherlands, Belgium, and Luxembourg) or the EUIPO database (for European Union-wide protection)

Step 3: File for the trademark

Start by filing for regional trademark protection. For example, in the European Union, you can file a trademark with the EUIPO that covers all EU member states.

Use the Madrid system to file it internationally. The Madrid Protocol allows you to file a single application with the World Intellectual Property Organization (WIPO) to register your trademark in multiple countries. This is a cost-effective way to gain international trademark protection.

Step 4: Monitor and maintain your trademark

Monitor who is trying to violate the rules and use your trademark. If someone tries to use a similar mark, take legal action. Trademarks need to be renewed regularly (usually every 10 years) to stay protected. Make sure you are renewing it at the right time.

By registering your trademark, you secure the exclusive rights to your brand and help prevent others from using it. Follow the necessary steps we have suggested to trademark your brand. The team of WEMASY is here to guide you through the process. Let’s make sure your brand stands out and stays safe in a competitive marketplace.