Often asked: Who Owns The Trademark Created By A Marketing Company For A Client?


Who is the owner of the trademark?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

What is a trademark in marketing?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.

Can a trademark be co owned?

A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. This information was provided by our founding attorney, Xavier Morales, Esq. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.

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What does owning a trademark mean?

Trademark law protects certain words or designs, and their variations and combinations, that distinguish a brand. Trademarks help companies keep their own distinct brand as compared to others. As examples, various songs and books have their protection through copyright law.

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. So, if you are investing in a brand image, you should seek a trademark registration to protect it. But, your image may also qualify for copyright protection as well.

How many years does a registered trademark last?

Life of a trade mark Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

What is example of trademark?

The golden arches of McDonald’s® is an example of a design that is a registered trademark. The Nike® logo with the swoosh is a combination of a word and a design that is a registered trademark. The format of the trademark you apply to register affects your application filing requirements.

Does a trademark expire?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

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How do you create a brand mark?

5 Guidelines for Creating an Effective Brand Mark

  1. Keep your brand mark simple. Simplicity is one of the keys to a strong college brand mark.
  2. Make your brand mark memorable.
  3. Think timeless.
  4. Remember versatility.
  5. Make sure your brand mark is appropriate.

Should my LLC own my trademark?

Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services. Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner.

How do you prove ownership of a trademark?

Proof of ownership in a trademark can be provided by a certificate of federal registration. Regarding marks affixed to goods, proof can include a bill of sale for goods bearing the mark. In case of service marks, proof of ownership includes brochures or other advertising showing the mark.

Can two people own a trade mark?

Sometimes you may wish to apply for (or to own ) an intellectual property right (e.g. patent, registered trade mark or registered design) together with one or more people. This is perfectly possible but can cause complications if certain matters are not made clear at the outset.

What are the 3 types of trademarks?

Different Types of Trademarks

  • Descriptive Trademarks;
  • Merely Descriptive Trademarks;
  • Generic Trademarks;

What Cannot be registered as a trademark?

Descriptive trademarks cannot be registered. Marks that have become customary in the current language. For example, a consumer associates a restaurant with a chef. Apart from this marks that are deceptive, hurt religious sentiments, are obscene or describe the shape of the good cannot be registered.

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Can I trademark a name already in use but not trademarked?

If you’re wondering, ” can you trademark something that already exists,” the simple answer is ” no.” Generally speaking, if somebody has used a trademark before you, you can ‘t register the trademark for yourself.

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