Trademark Protection

While trademark registration is not required for the protection of your valuable logos, designs, and other source identifiers, it is a smart business judgment decision. Taking that extra step to protect what's yours will aid in enhancing the value of your company and your brand. When you work hard to create an identifiable, recognizable, and memorable brand, a trademark attorney can help you protect that asset. In addition, a trademark registration attorney can advise you on every aspect of the process, including, how to select a protectable mark, how to perform a trademark search search, the use of the appropriate trademark symbol, which trademark registration form to use if you choose to register (and how to file a trademark application), how to respond to USPTO Office Actions, and how to protect your trademark after it's registered.

What is Branding and Why is it Important

Trademark protection is an essential part of your brand strategy. If you ae focused on brand building, having registered trademarks as part of your portfolio is important. Branding your business online takes thought, dedication, and most of all--time! You must come up with a color scheme, logo, design, image, and/or an image that unifies your business as a brand.  More importantly your brand must be recognizable and must communicate to your audience what it stands for.

When you establish your business brand online a great deal of time is invested in spreading the word across the Internet and getting your credibility established.  By using online tools, such as social networking resources, video marketing, pay per click advertising, search engine marketing, mobile marketing, and other advertising mediums, people will eventually associate your brand with quality and value.

Without a brand name and/or a distinctive brand image, your business will not stand out in the marketplace from other vendors, who provide a similar product or service. If you are going to invest time and money in establishing a presence in the marketplace, your next step should be protecting it. Protection of your brand starts with protecting your trademarks, e.g., your logos, designs, tag lines, slogans, in some cases trade names, or any other device used to market your products and/or services in the marketplace. To ensure it is done correctly--the first time--you should hire a competent trademark attorney to assist you in the process.

Registered Trademarks and Trademark Search

There are numerous benefits when you perform a trademark search and obtain a trademark registration in the United States.  By registering a trademark with the Trademark Office, you increase the odds that your business brand will be protected, you legally discourage others from using your trademarks, and you increase your options in the event of trademark infringement.

In addition to these benefits, trademark registration makes it known to the public that your brand name cannot be used by any other party and it prevents another company from claiming ignorance if they infringe upon your trademark.  You can also use your trademark registration in the US as a foundation to apply for a trademark in another country.

Trademark registration also enters your brand name into trademark searches. If another company tries to register with your brand name the United States Patent and Trademark Office will refuse the application.

Another benefit of trademark registration is the solutions you can tap into in the event of trademark infringement such as the right to sue in federal court.  You can also recover three times the amount in damages including attorney fees if another company infringes on your trademark.

When you register your trademark, you are permitted to affix the registered trademark symbol “®” next to your trademark.  This builds trust and goodwill among your existing customer base, and helps you to attract new customers.  Oftentimes when customers are looking to purchase a product or service, they choose the product or servce with a familiar or well known brand. Why? Because they think it's relible, and because they remember the brand components, becuse they've been indelibly imprinted on their brains. When it comes down to making a choice between choosing a business with a trademark symbol next to their brand name and a business that does not, they will naturally choose the company that took the time to register their trademark.

All of these benefits are important, but the most important step you can take, in the process of registering your trademark, is to perform a thorough trademark search. If you bypass this most critical step, you risk being challenged by a prior user for likelihood of confusion or at the worst, trademark infringement.

Copyright and Trademark

Many online business owners confuse trademark registration with copyright registration.  Trademark registration refers to protecting the brand name, color, design, and /or logo of your business, and provides a means to distinguish your product from others in the marketplace. Copyright registration refers to protecting original creative content, such books, articles, blog posts, photos, website content, videos, music, plays, movies, cartoons, and a number of other items.

The information provided on this page and throughout this website is NOT legal advice. It is offered for educational and informational purposes only. If you need someone to perform a trademark search or if you need help with filing a trademark application with the U.S. Patent & Trademark Office, feel free to contact me at trademarks@fwardattorney.com.

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