Many brand owners, entrepreneurs, and company executives underestimate the value of trademark registration.  Trademarks registrations help brands grow and play an important role in business development. Marks can serve as a brand identifiers. 

What are Trademarks?

Trademarks include words, symbols, designs, or a combination of each that can be registered with state or federal governments in order to prevent other companies or third parties from using your trademark.   For consumers and clients, trademarks can help signal that you are a provider of particular goods or services.

Trademarks used to identify services can also be referred to as service marks.  A trademark owner can be an individual, company, or any other legitimate business entity.  Once you decide on your trademark, you can use it on any marketing materials that you use in connection with your brand or company.  Trademarks are often seen on everything from pencil cases, websites, to even entire walls of company buildings.  The following are considerations regarding trademark registration.

Trademark Registrations Help Brands Grow

Since trademarks work as source identifies, marks become known to the public as synonymous with a certain company, style and/or quality. Consumers have their favorite companies and brands due to the expectation of what they will get for their money. The registration of marks is important to help prevent others from swooping in and using a similar mark that could cause consumer confusion. While registration isn't completely necessary, it offers many advantages.

Trademark Registration

Although registering a trademark is not mandatory, there are several reasons to do so.  Registering a trademark provides nationwide notice of a claim to ownership of the mark.  It also grants the owner the right to use the mark in connection with the goods or services listed in the registration.

Although you can register a trademark by yourself, it is advisable to enlist the services of a trademark attorney.  If the trademark office finds fault with your application, trademark attorneys can often draft arguments in support of your use of the mark.  They can also advise you of any potential conflicts with the mark or help you shape your mark so that it is more acceptable for registration.

Trademark applications can be submitted via mail or electronically.  States vary in terms of what they may accept or require in their applications.  The federal government accepts both mail applications and electronic applications.  There are accompanying fees to be paid in order to register a mark and applications require a number of steps before approval.

Trademark Attorney Assistance

A trademark attorney has experience in filing trademark applications.  This allows them to draft trademark applications that can be associated with a broader range of goods and services.  Generally, it is better to have a broader range of goods and services listed in your registration so that your trademark may enjoy expanded protection when used.  Be aware, however, that you will be required to demonstrate that your trademark is actually being used in conjunction with whatever goods or services you have listed.  

A trademark attorney can provide insight at the beginning with trademark searches to help gauge availability of a mark. This is particularly important prior to use of a mark to help ensure third party rights are not being infringed. Also, searches help give an idea of registerability prior to filing an application. Experienced TM attorneys can also help guide a company on how trademark registrations help brands grow. 

Trademark Maintenance

Once you register a trademark with a state or federal registry, you will be required to pay maintenance fees and comply with certain requirements necessary to maintain the protection of your mark.  If you hire a trademark attorney, they can send you reminders of these requirements and help facilitate the process in order to maintain your registration.

About the firm:

Klemchuk LLP is an Intellectual Property Law, Litigation, and Transactions law firm. We offer comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  

The firm also publishes the following blogs: Intellectual Property Law, Conversations with Innovators (interviews with thought leaders), Leaders in Law (discussions on timely law topics), and Culture Counts (thoughts on law firm culture and the business of the practice of law).

Disclaimer:

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