There are three requirements you need to satisfy in order to get trademark rights.
First, the mark has to be a brand identifier. This means that the mark is being used to identify the goods or services, and not just as decoration. The purpose of the mark should be to let the consumers know what business they’re buying the product from.
Second, the mark has to be distinctive. This means it has to be unique enough to make it clear that the goods/services are from your company, and not another company.
And third, the mark has to be used in commerce, which means the mark should already be branded on goods and services that are being actively sold.
If these three requirements are met, then your mark automatically gains some trademark protection, and also becomes eligible for registration with the United States Patent and Trademark Office (USPTO).
We will go into more detail on these three requirements in our upcoming installments, so stay tuned!
Read the rest of the Trademark Series:
Part I: What are Trademarks For?
Part II: What is “Customer Confusion”?
Written by Galia Aharoni Schmidt
