|
VOL II Issue 8
November 2014
|
|
Have You Trademarked Your Brand?
For both start-ups and seasoned businesses, trademarks are valuable yet often-overlooked assets. Did you know that Wal-Mart's trademark is currently valued at over $35 billion?
A trademark can be any word, name, symbol, device, or any combination thereof, which is used to identify and distinguish the goods and services of one company from another. In most cases, a company's trademarks include its brand name and any associated logos.
To get the most benefit from your brand name, it is important to protect it. While federal trademark registration is not required, it is certainly advisable. Some of the many benefits include:
- Public notice that you claim ownership of the mark;
- A legal presumption of your trademark ownership as well as the exclusive right to use the mark nationwide in connection with the goods or services identified in the registration;
- The right to bring an action for trademark infringement in federal court;
- The use of the U.S. registration as a basis to obtain registration in foreign countries;
- The right to record the U.S. registration with the U.S. Customs and Border Protection Service to prevent importation of infringing goods from foreign countries;
- The right to use the federal registration symbol ®; and
- Listing in the United States Patent and Trademark Office's (USPTO) online databases, which discourages others from registering the same or similar mark and prevents infringers from claiming ignorance of the mark.
For startup businesses, you do not have to wait until your products or services have entered the marketplace in order to register your trademark.
The USPTO allows you to file a trademark application based on your intent to use the mark in commerce in the future. The only caveat is that you must be ready to use the mark in commerce within six months of the date the mark is approved for registration by the USPTO, although extensions for up to three years are available (for a fee). How We Can Help
An experienced business lawyer can help you develop a comprehensive and cost-effective strategy for protecting your brand. Contact us today to schedule a consultation.
Happy Thanksgiving! |
|
We are proud to be an A+ Accredited Business with the Better Business Bureau!
|
