Trademarks

A trademark is a word, symbol, design, or a combination of these used to distinguish the goods or services of one party from those of another. Using our example of the Twin Peaks Guest Ranch, Nancy and Steve are able to legally protect their trademark design.

This trademark adorns the entrance gate to the ranch as well as the front door of the main lodge, and serves to distinguish Twin Peaks from other guest ranches.

For other businesses, a trademark may relate to a symbol, such as the hood ornament associated with Mercedes Benz automobiles or the big M associated with McDonald's restaurants. Brand names are also considered to be trademarks in that they serve to distinguish their specific product or service from others. Adidas and Nike both produce running shoes, yet both brand names are distinguished through their identifiable trademark.

There are some exceptions as to what can be used as a trademark. You would not be able to claim any of the following:

• a person's name or surname

• anything that misrepresents your product or service

• a trademark one that is confusingly similar to another registered trademark

Although the registration of trademarks is not mandatory, it is advisable. Registration provides the owner with the exclusive right s of its use. A relatively small fee is charged for filing and registering a trademark, and gives the owner the right to sell, transfer, or bequeath it to another party. The period of validity for a trademark is 15 years, and is renewable every 15 years thereafter.

Trademarks are meant to be distinctive and eye-catching, and, when they are, they quickly become embedded in the public's mind. As such, they are instrumental in promoting the goods and services the business wants to be associated with.