Houston Copyright Attorneys & Lawyers

What is a Trademark vs. a Brand?

While your brand represents your reputation and business in the public eye, a trademark legally protects those aspects of your brand that are unique and specific to your company. It is a mistake to use the terms "trademark" and "brand" interchangeably, as they have very important differences. When considering the two, remember the "all-but-not-all" rule. All trademarks are brands, while not all brands are trademarks.

In its simplest form, your brand is your image. It is what the public sees and thinks about your company. A trademark is a specific aspect of your brand which has legal protection as it is a unique identifier for you.

Trademarks can be specific words or phrases, such as slogans, which are a vital part of your company's brand. They can be

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Updated November 3, 2020:

Trademark Overview

A state trademark allows a business to register its mark at the state level only, so long as the mark will only be used within one state. It does not provide the same level of protection as a federal trademark.

What Is a State Trademark?

Trademarks offer the owner protections against the unauthorized use of any symbol, words, phrases, or identifying elements of a business that are unique and specific to your brand identity. There are two ways to file for trademark protection in the United States. The most well-known of these is to register a federal trademark under the Lanham Act. This provides protection over a mark not just throughout the United States but across all its possessions and territories.

A state registration, on the other hand, provide

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What is Trademark Class 9?

Trademark Class 9 is one of 45 classes used by the United States Patent and Trademark Office (USPTO) to classify products or services. Class 9 is comprised of a broad range of trademarks for nautical, scientific, surveying, cinematographic, photographic, measuring, signaling, and weighing devices. Teaching and life-saving apparatuses and instruments also fall under Class 9, as do DVDs, CDs, cash registers, data processing equipment, and computer software.

Class 9 includes many of today's modern inventions, including electronics, software, computers, smartphones, mobile apps, and fire extinguishers.

In fact, the following goods are just some of th

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Updated July 7, 2020:

What Is Trademark Cancellation?

Trademark cancellation is the legal process of removing a registered trademark from the books. This allows the trademark to be registered by another party.

Trademark cancellation is a legal argument under the Lanham Act. Its purpose is to allow a party to petition for removal of a trademark from the federal register. This is done by filing a Petition to Cancel, which is usually argued before the TTAB, or Trademark Trial and Appeal Board. In some cases, the a

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Updated October 9,2020:

What is Trademark vs. Logo?

A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws. Many businesses choose to apply for trademark protection on their logos. When approved, a trademark restricts others from using an exact or similar mark.

In order to qualify for legal protection, a trademark must be unique. Prior to filing an application, the designer or business owner should conduct a thorough search of

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