What Can a Trademark Be Used for?

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While creating different ideas, products, and services for your business, you may speak to fellow business owners about the trademarks they have registered for. With this, you may be wondering if and when you should register for one yourself. Continue reading to learn the different things a trademark can be used for and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can guide you through the registration process.

What are the different things a trademark can be used for?

Before all else, you must understand the key function of a trademark. Essentially, such a mark allows your target market of consumers to recognize your business as the source of a particular product or service that potentially piques their interest. With that being said, many different things are capable of serving as a trademark. Examples read as follows:

  • A word may be trademarked: for example, “Bubble Wrap” is trademarked by the Sealed Air Corporation for the packing material they sell.
  • A phrase may be trademarked: for example, “Just Do It” is trademarked by Nike for the slogan in their advertising materials.
  • A letter may be trademarked: for example, “i” is trademarked by Apple for the names of their technological devices.
  • A number may be trademarked: for example, “31” is trademarked by Baskin-Robbins for the number of ice cream flavors they offer.
  • A sound may be trademarked: for example, a specific sequence of “chimes” sounds is trademarked by NBC for the opening of their shows.
  • A color may be trademarked: for example, a specific shade of “blue” is trademarked by Tiffany & Co. for their packaging materials.

What are the different types of trademark classifications?

Once you define what you can and should trademark, you must determine what type of register classification you can and should apply for. Namely, there are such things as a principal register and a supplemental register.

As the name suggests, a principal register is the primary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). This is governed by Subchapter I of the Lanham Act of 1946, which is the primary federal trademark statute. Therefore, it gives you, the trademark holder, the national right to protect your trademark.

On the other hand, a supplemental register is the secondary register of trademarks maintained by the USPTO. This is best for you if you are the trademark holder of a descriptive mark that does not meet the requirements for a primary register. That is, you have a mark that solely describes the services your business offers but that is not necessarily unique.

When filing your trademark registration application, there is no one other than a skilled Essex County, New Jersey intellectual property lawyer to have in your corner. So please get in touch with us at The Ingber Law Firm today.