If a juice bar came up with a “unique name” for a product and would rather not want another juice bar or any other entity utilize the unique name of product…would that be copywright or trademark
Ex: xyz juice bar
Product Line : Juice /Smoothies
Xyz juice bar customer decides there is a popular flavor that goes out asap or sell fast …they now want give it a unique name.
The unique name, they want to protect it so that no one not even a non-juice business utilizes the unique name and cause further confusion or miscommunication for consumer.
Would that be copyright or trademark concern
That is a trademark.
But… you cannot trademark something across all industries. Your trademark would be in the specific class for juice / ready to drink beverages. If someone were to use it for something unrelated to juice, you would need to prove likelihood of confusion, which would involve a lawsuit and lots of money.
I talk in depth about trademarks in this video you might find helpful: https://www.youtube.com/watch?v=OBBu_xExtsw
This actually reminds me of how Juice Press got sued for using the name Black Label and had to change the name, I think to JP Black. Trademarks only work across the same industry.
I.e. Rolling Stone magazine and The Rolling Stones have no beef with each other.
I’m just wondering the ™ vs ® what the difference I’m assuming you can register with the secretary of state (CT) OR YOU have to go through USPTO
TM mark is used while the mark is on the supplemental registrar, and changes to R when it passes into the registered status. It mostly has to do with how much time has passed since initially filed. If nobody contests the mark, it becomes a registered trademark. In both cases it is registered with the USPTO.