What is a trademark?
A trademark is a symbol, phrase, or word that identifies and distinguishes one company’s product or service from another. Examples of trademarks include logos, slogans, product names, or designs. In Washington, trademarks are regulated by the United States Patent and Trademark Office (USPTO). In order to receive a trademark, an applicant must prove that their proposed mark is legally eligible and serves to distinguish their goods or services from those of their competitors. The mark must also be distinctive in order to be registered by the USPTO. Generally, trademarks should not be generic terms or words commonly used in the industry. In order to protect a trademark in Washington, the applicant must file an application with the USPTO. Once a trademark is registered, it gives the owner exclusive rights to use the mark in connection with their goods or services. Trademark owners can also take legal action against anyone who uses their mark without their permission. If a business is found to be using another company’s trademark without their permission, they can be liable for damages and may even be forced to stop using the mark. Since trademarks are so important to a business’s ability to protect their brand and identity, it’s important for Washington businesses to understand the basics of trademark law and how to protect their marks. By registering their trademarks with the USPTO, businesses can help ensure that no one else is able to use their mark without their permission.
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