As a business owner, you might be interested in obtaining a trademark to legally protect your company, logo, or slogan. There are, indeed, many benefits to obtaining a trademark. However, many individuals are unaware of unknown trademark dangers. The experienced intellectual property lawyers at War IP Law PLLC can explain your options and ensure you understand potential risks. Consider contacting our dedicated intellectual property attorneys for a confidential consultation by calling (202) 800-3754.
What Is a Trademark?
The United States Patent and Trademark Office defines a trademark as “any word, phrase, symbol, design, or combination” of the same that identifies a business’ goods or services. Trademarks help customers identify you, your business, and your brand. Trademarks are connected to the particular goods and services you use the trademark with. Contrary to popular opinion, you cannot own a specific tag phrase or symbol. However, you can own the right to use that phrase or symbol in relation to selling a specific good or offering a specific service.
Why Obtain a Trademark?
The United States Patent and Trademark Office identifies the following benefits of registering a trademark:
Prevent Others from Using the Trademark
Registering your trademark puts others on notice that you are the owner of a specific intellectual property. You can discourage others from using marks that are the same or similar to yours, and even file a claim against them if they do use your intellectual property. Before a person can register their own trademark, they should perform a trademark search to see if their proposed mark violates anyone else’s intellectual property. Registering your trademark places others on notice that you own this intellectual property and will legally defend it.
Provide Nationwide Registration
A federal registration gives you nationwide acknowledgment and enforcement rights, which can be helpful if you plan on expanding to new geographic regions.
Enforce Your Rights
One of the most important rights related to your trademark is the ability to enforce your rights against infringers. With federal registration, you can sue in federal court.
Protect Your Brand
Trademarks are important because they help others associate certain products or services with your business. By using a trademark, you can distinguish your unique offerings from those of competitors. Protecting your brand is critical for your business success. Making sure that you secure the legal rights to your intellectual property is important to the overall success of your company.
Block Counterfeit Products
Another very important benefit of registering your trademark is the ability to guard against counterfeit goods. The United States Customs and Border Protections can block imports that infringe on your trademark rights or are counterfeit goods.
How to Obtain a Trademark
When you begin using your intellectual property, you automatically begin receiving trademark rights under the common law. However, without registration of the trademark, your rights are more limited in scope.
However, you can receive nationwide acceptance of your trademark rights by registering your trademark. Registering a trademark involves:
- Searching for any marks that may be too similar to existing marks
- Accurately identifying your goods and services
- Preparing a trademark application
- Responding to requests for information from the USPTO examining attorney
- Responding to any letters of refusal
- Filing a statement of use
The experienced intellectual property attorneys at War IP Law, PLLC can assist you with the process of registering your trademark.
Contact a Trademark Lawyer for Help
At War IP Law, PLLC, our intellectual property lawyers take a holistic approach to your case. We can answer questions about what types of intellectual property may protect your interests. We can also explain the risks associated with these forms of property, including unknown trademark dangers. You can schedule a confidential consultation by calling (202) 800-3754.