{"id":5064,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/trademark-protection-by-use-or-by-registration.html"},"modified":"2024-05-22T21:51:37","modified_gmt":"2024-05-23T02:51:37","slug":"trademark-protection-by-use-or-by-registration","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/trademark-protection-by-use-or-by-registration.html","title":{"rendered":"Trademark Protection by Use or by Registration"},"content":{"rendered":"\n
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Trademark Protection by Use or by Registration<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Trademarks help small businesses and business owners<\/a> protect their brand. It grants exclusive rights to brand names, product names, and logos. This intellectual property right<\/a> gives a small business legal protection in their mark. It will follow that particular set of goods and services.<\/p>\r\n

This article walks entrepreneurs through how to get common law rights<\/a> to a trademark<\/a>, the federal trademark registration process, and the benefits of each.<\/p>\r\n

Types of Intellectual Property Rights<\/h2>\r\n

There are multiple types of intellectual property that are useful for small businesses. The three most common are:<\/p>\r\n

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  1. Copyright:<\/b> Original creative works like books, music, websites, movies, and songs. The United States Copyright Office<\/a> handles federal copyright application filings. Only tangible mediums are available to mark. Federal registration is not required, but it does allow for more legal protections. You will know a copyrighted material because it has the \u00a9 symbol next to it.<\/li>\r\n
  2. Patent:<\/b> Protection for ideas, processes, and machines<\/a>. The U.S. Patent and Trademark Office (USPTO)<\/a> handles these office actions and registrations for inventors.<\/li>\r\n
  3. Trademark: <\/b>Protects a \u201cword, phrase, symbol, or design, or a combination thereof," used to identify and distinguish a company’s goods. When protecting a company’s services, then the term is \u201cservice mark". The USPTO (uspto.gov)<\/a> governs these marks when federally registered. Marks appear with a symbol following it, depending on the type of mark.<\/li>\r\n<\/ol>\r\n

    A licensed attorney who focuses on intellectual property can help answer questions and other FAQs you may have. These questions may be about:<\/p>\r\n