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Trademark Myths
and Misunderstandings
It is better to register a logo, or the
words in a special font style, rather than just the plain words – wrong -
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Registration of the words in standard
character form usually provides broader protection.
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Protecting the words is normally more important than
graphics.
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Registering the words in standard character form
permits changes to the font style without re-registration.
Infringement is avoided if a word is
misspelled or used with different graphics – probably wrong -
Spelling variations, including misspellings,
are unlikely to side-step confusing similarity, particularly if the
meaning and pronunciation has not changed.
Spelling variants are usually considered
equivalents in trademark law.
If a mark is likely to be confused with
another's in the marketplace, infringement probably (but not always)
exists.
A telephone number or address following the
trademark is acceptable - wrong -
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If it is followed by a telephone number or
address or email address, it is a trade name, not a trademark.
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A trade name identifies a business, and a
business has a telephone number, address, etc.
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A trademark is a brand name, and has no telephone
number, address, etc.
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The same words can be used both as a trademark
and as a trade name, but never as both as the same time.
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Trade name use will not support a trademark
registration.
other topics -
trademark weight,
naming and branding,
oppositions,
trademark searches,
trademark
registrations,
domain names, slogans,
patent myths,
copyright myths
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
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