5 Things A Tech Company Should Know About Trademark

With the shift to digital, we are experiencing new and innovative technological inventions on a daily basis. In view of the rising competition in the field of technology, protecting your brand’s goodwill is critical. Registering your trademark ensures protection, and gives you a competitive edge in the market. However, being a legal subject, trademarks are often complex to understand. Therefore, knowledge of certain principles governing trademarks will help you to make an informed decision and minimize the risk of opposition.

1. Concept of Use

The concept of use has always been a vital aspect of a trademark. Merely creating a trademark does not allow enforcement of rights. You need to use your trademark in commerce to take benefits of the rights. Prior to registering a trademark, you need to either set out the date of first use in the original application or file a declaration of use after allowance Moreover, your trademark can be cancelled if not used for 3 years or more.

2. Trademark Goes to The First User

When two companies vie for the same trademark, the first user is generally the party entitled to the trademark. Additionally, the right is limited to goods and services associated with the trademark. That means that you must be the first to advertise or sell products and services associated with the trademark. The concept of first use is vital when faced with opposition. It also provides you an advantage when enforcing trademark rights.

3.Rights are Limited to Goods and Services

Trademark rights are limited to the goods and services registered in association with the mark. Use of a similar or the same trademark in a non related field and in a non confusing manner is still permissible by other parties. For example, if your trademark, Goodbye Rats, is used for a game involving rodents, you cannot stop a company who adopts the same name for pest extermination. Consumers are not likely to be confused by the two distinct uses and as such both trademarks may be allowed.

4.Unique Marks are Easier to Register and Protect

A trademark that is generic or clearly descriptive of your goods and services cannot be registered. Using a generic term for your trademark increases the chances of rejection and opposition. Plus, they might be clearly descriptive of the features of your goods and services. Distinctive terms are more easily registered and more difficult to infringe. One of the best examples for this is the term XEROX. But if a clearly descriptive mark gains a wide popularity amongst the consumers, such that the mention of the mark makes them think of your product, it may be allowed.

5.Domain Names and Trademarks

With a major shift to the online world, domain names are intellectual property that can be protected by trademark registration. The above-mentioned points are all applicable to domain names.

These basic principles can be of assistance to you when looking to protect your trademarks for your tech firm. While trademarks are complex, they are beneficial in a competitive environment. Obtaining advice from a trademark agent when dealing with trademarks can help avoid costly errors.