Intellectual property management, trying to register a trademark, and preparing a trademark application can be pretty overwhelming. For some people, the United States Patent and Trademark Office (USPTO) is only for inventors who want to protect inventions from unfair competition. This is not the case. Since a wide range of things are eligible for patent or trademark protection, the USPTO could be relevant to you.
If you wish to know more about intellectual property laws or what constitutes trademarks, copyrights, and patents, consult with a well-trained Washington, D.C. trademark lawyer.
This article will explore intellectual property protection and trademarks. It is divided into four broad sections, as follows:
What is a Trademark
Intellectual properties are, in simple terms, properties that are not tangible. They refer to rights that involve ownership of products made or created using one’s intellect, including any related commercialization.
If you have obtained permission to use the intellectual property rights of someone else (or are already granting rights for intellectual property), you should always be mindful of what you and the other party are allowed to do (and are prohibited from doing).
Trademarks protect the names and distinguishing marks of goods and businesses, such as slogans and logos. In contrast to patents, marks can be registered in the United States without a company having to submit paperwork to the government. Once a business starts using a certain mark in the United States to identify itself, a common law mark is immediately assumed in the geographic area where the mark was used, and the business may use the TM symbol without filing any form. But trademark registration has a lot of advantages.
If you have more questions about trademarks and intellectual property, you can ask our experienced IP attorney at War IP Law. Call our Washington D.C. trademark attorney now!
Why Do I Need to Register my Trademark
You may be wondering if you really need to register your trademark. After all, even if you don’t file the paperwork, the United States can still recognize your mark. Why even bother?
Are you willing to risk your business by not processing your trademark? You may lose the right to use the mark that uniquely identifies your brand simply because you didn’t file the trademark or failed to apply correctly. Please don’t gamble your livelihood: register your trademark with the help of our Washington D.C. IP attorney!
What Goes Into a Registered Trademark
In its broadest sense, trademark protection covers logos or words that are used to identify the source of a good or service and increase the marketability.
Like any other license, the right to use a trademark involves contractual terms, the specifics of which may vary from party to party, but you must only use licensed trademarks for products or product categories part of the agreement. Minding the guidelines that come with trademark protection will help minimize legal issues.
Trademark Engine is a trademark registration service that offers trademark registration packages. While helpful to many people, Trademark Engine cannot guarantee that the
USPTO will approve an application.
Consequently, it cannot be guaranteed that a mark will be protected from infringement under common US trademark law or that any ensuing intellectual property dispute or litigation will lead to a favorable outcome. Individual circumstances surrounding a particular case can significantly affect the process of registering a trademark.
Pros and Cons of Trademark Engine
Trademark Engine markets itself as a tool for small businesses to register for trademarks. But is it legitimate? You don’t want to risk your intellectual property without knowing how something works. Below are some of the advantages and disadvantages of Trademark Engine.
- Quick processing
- Geared towards small businesses
Trademark Engine offers affordable packages along with an expedited filing process. They also claim to focus on helping small business owners with their intellectual property.
- Lack of legal support
- Noncomprehensive services
On their own site, they mention, “Trademark Engine is not a law firm and none of the information on this website constitutes or is intended to convey legal advice.” It may be risky to have your trademark processed through their services since they lack the legal support to deal with the nitty-gritty of the law. Furthermore, since they are not a law firm, they may not be able to offer certain services that an intellectual property lawyer can offer.
They also mention, “Trademark Engine cannot and does not guarantee that an application will be approved by the USPTO, that a mark will be protected from infringement under common US trademark law, or that any ensuing litigation or dispute will lead to a favorable outcome.” While nothing is ever guaranteed, you may not want to risk your intellectual property just to save a few bucks. A professional who lives and breathes intellectual property helps improve the chance of the success of your trademark registration.
Seek Legal Help from a Washington DC Intellectual Property Attorney
Before proceeding with registrations facilitated by the US Patent and Trademark Office, it helps to have a trusted Washington, D.C. IP attorney helping you. Whether you are drafting a US trademark application or provisional patent application, it is essential to know what to include or exclude in required paperwork. A reliable intellectual property and copyright law firm can help you avoid doing anything unlawful.
It is important to always comply with applicable copyright, trademark, and patent law. You must specify the geographical limits, exclusivity, expiration, and renewal terms in any agreement that parties concerned are entering. Additionally, it is best to remember that intellectual property must not be used by another inappropriately or without the intellectual property owner’s permission. Otherwise, a case of trademark infringement, patent infringement, or copyright infringement takes place.
For clarifications on the above or questions on trademark, copyright, or patent licensing, give our Washington D.C. intellectual property law firm a call. Contact our Washington, D.C. trademark attorney at War IP Law to get the legal services of a dedicated intellectual property lawyer.