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 types of trademarks include:
Trademarks and Service Marks: These phrases, words, or symbols define a
company's goods or services. However, a service mark indicates a service, while
a trademark indicates a good.
Collective Marks: These are just like trademarks, except they
identify a greater group. With collective marks, members of a group can profit
from a single trademark.
Certification Marks: These marks cover characteristics of a
product. For example, if something is 100 percent cotton, it could fall under a
certification mark.
It's important to note that just because you
have a trademark doesn't mean you own a monopoly regarding your symbol, logo,
or name. You only control the interest over that name or logo and the
association between your goods or services. For example, McDonald's may have a
slogan that says "I'm Lovin' it," but if you were to use it in an
industry outside of food service, they wouldn't attack you for trademark
infringement.
The hardest trademarks to register include:
-Descriptive names that can't be distinguished
from those of other products
-Names that include a geographic location, such
as California Pizza Kitchen
-Generic names
-Deceptive names
-Surnames pertaining to a product
However, remember that there may be exceptions
to the rule
ANT Lawyers - A Law firm in
Vietnam is supported by a
team of experienced patent, trademark, design attorneys with qualification
and skills handling full range of legal services relating to intellectual property
rights in Vietnam. We have specialized in the preparation and
registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the
prosecution phase of IP management.
