Trademark — simple explanation and practical guidance

What is a Trademark?

A trademark is a sign — a word, phrase, logo, design, sound, or combination — used to identify and distinguish goods or services. It helps customers recognize the source of a product or service and prevents confusion.

Examples: company names, product names, logos, taglines, packaging, or even sounds like jingles.

Why file a Trademark?

• Exclusive rights: Legal protection to use the mark in connection with registered goods/services.
• Public notice: Alerts others of your ownership claim, reducing disputes.
• Legal remedies: Easier enforcement against infringement.
• Business value: Increases brand recognition and asset value.

What cannot be filed as a Trademark?

• Generic or common terms.
• Purely descriptive terms (unless proven distinctive).
• Misleading or deceptive marks.
• Offensive or scandalous terms.
• Functional product features.
• Official symbols (flags, emblems, etc.).
• Marks confusingly similar to existing ones.

What is a User Affidavit for Use?

An affidavit of use (or user affidavit) is a sworn statement confirming that a trademark is actively being used in commerce for the listed goods or services.

• Required in some systems before registration (e.g., intent-to-use applications).
• Often needed post-registration at renewal stages.
• Includes date of first use and examples showing the mark in use.

Providing false information is a legal violation. Always submit genuine specimens of use.