A trademark is a phrase, slogan, logo, or other symbol that tells consumers that a product or service is provided by a particular company or individual. A trademark provides protection for the owner of the mark against competitors who try to use it and allows the owner to invest in their brand and gain financial benefits from its use.
Trademark protection can last forever, as long as the owner continues to use the mark in commerce and complies with state and federal laws. Registering a trademark can provide additional protection since registration gives the owner exclusive right to use and protect the mark in the United States. In order to be eligible for federal registration, a trademark must be used in commerce, not descriptive of the services or goods being sold, and not similar or confusingly similar to a trademark that has already been registered or is in use by another party.
To register a trademark with the United States Patent and Trademark Office, an individual or business must submit an application online. This can be an intimidating process, but with the help of an experienced attorney, the process can be easier and more streamlined. A trademark attorney will review the application and determine if it is eligible for registration. If all criteria is met, the attorney can advise the applicant on how to proceed, help with copyright and protection issues, and negotiate permitted use of the trademark.
In addition to registering a trademark with the federal government, it is important to also register the trademark with the state government. Every state has their own laws and regulations concerning trademark protection and registration so it is important to research the laws in each state before registering a trademark. Trademark registration is not required to use a mark in commerce, but it provides additional protection and increases the chances of securing enforcement of the trademark.
An important part of protecting a trademark is enforcing its use. This involves taking legal action against anyone who tries to use the mark without permission or in a way that could cause confusion or dilute the brand’s value. Enforcement often involves litigation, but an experienced attorney can help the owner of the trademark determine the best way to proceed.
A trademark can be a valuable business asset, so it is important to understand the legal protections associated with owning and using a trademark. Investing in an experienced attorney can help ensure that the trademark is properly registered and protected from infringement, and that the owner’s rights are properly enforced.
