You may already know that if you want something specific trademarked for your business, you must file a petition with the United States Patent and Trademark Office (USPTO). But before you go through the hassle of filling out this application, you must confirm that the specific thing you have in mind even meets the USPTO’s requirements as a valid and legally enforceable mark. So, without further ado, please read on to discover what is eligible to be trademarked and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can work to ensure your idea hits all the eligibility criteria for one.
What is possibly eligible to be trademarked?
Virtually anything that identifies the products and service part of your business may be eligible to be trademarked. But the most common things read as follows:
- A word, phrase, letter(s), or number(s): for example, “Coca-Cola” is a famous word trademarked for the company’s line of soft drinks.
- A smell, sound, or color: for example, The Hershey Company trademarked a certain shade of orange for their Reese’s Peanut Butter Cups packaging.
- A packaging or product configuration: for example, Toblerone chocolates come in a distinctive triangular configuration that is a trademarked shape.
- An artistic, literary, or intellectual work: for example, “Indiana Jones” is a famous, fictional, film character with a trademarked name.
What are the specific eligibility criteria to obtain a trademark?
It is worth specifying that not just any word, color, product configuration, literary work, or otherwise can be trademarked. That is, a mark must be relevant to the products and services that make up your business. In other words, it must meet the specific eligibility criteria set out by the USPTO:
- Your mark must be distinctive and original from all other marks already registered with the USPTO.
- Your mark cannot be too generic or descriptive so that potential customers cannot point out its association with your brand easily.
- Your mark cannot deceive or create confusion amongst potential customers on the essence of your products, services, or overall business identity.
- You must already be using or have a plan of action to use your mark in commerce (i.e., providing a good faith statement).
- You must have the capability to be referenced as the actual owner of the mark (i.e., establishing citizenship).
Last but not least, we wish to inform you that you cannot apply for a mark that describes or references a living person without their consent; and there is little to no exception to this. Similarly, you cannot create a mark that uses or closely depicts the United States seal or other countries’ seals.
In conclusion, for more information on if and when to pursue a trademark petition, please don’t hesitate to contact a competent Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. We look forward to hearing from you and later on helping you.
