What’s a trademark? | Trademarks law
LegalZoom’s trademark page provides some helpful guidance for trademark owners trying to figure out what the legal term means.
The term “trademarks” is sometimes used to describe things like trademarks, copyrights, and patents, but that is a bit broad.
To find out if your business is a trademark, use LegalZamp’s trademark search tool to find the trademark in question and check for “trades.”
To get a clearer picture of what a trademark is, we’ve provided a few guidelines.
To begin, the trademark must be defined in the context of a business and be the exclusive property of the business owner.
In other words, if your trademark is to trademark your coffee machine, your coffee maker, your business, or anything else, you must be the sole owner.
The law is clear that this is not a license.
A business cannot be a trademark holder if it has a relationship with a third party who is not the owner of the mark, or has a monopoly over the mark.
To be sure, some business names are trademarks.
These include the name of a company, its trademark, or a logo, which may include a number or symbol that identifies the company or the company’s products.
A company cannot be called the “Mountain Dew” or the “Kool-Aid” of beer, for example, if the company has a limited trademark in those terms.
A brand may be called “Lululemon,” for example.
If your business uses a trademark or trade name, you may need to identify the trademark holder and provide proof that the trademark is the exclusive use of that name.
Some businesses, such as clothing brands, have specific trademarks and may use them in the name or logo of their businesses.
This can be a little tricky.
The U.S. Patent and Trademark Office (USPTO) lists a few general guidelines for trademark registration: “A trademark or brand name may be registered with the U.s.
Patent Office in certain situations.
The registration must contain a specific legal description of the use, including the name and address of the registered owner.”
In other cases, the U