Trademarks are a valuable assets to almost any business.
They help build goodwill, are a critical component to creating franchises
and distributorships, and should be protected to ensure that no one else
takes the mark. If you own a business, it is likely you have one or more
trademarks. The United States Patent and Trademark Office defines a
trademark as being "a word, name, symbol or device which is used in
trade with goods to indicate the source of the goods and to distinguish
them from the goods of others." (There is a parallel mark for services,
called a service mark.) In short, a trademark is any name or logo you use
to sell your goods or services. Given this definition, your business name,
the name of products, and the names of processes and procedures might all be
trademarks.
These trademarks need to be protected. There are some common law protections for trademarks and even trade dress (the overall image of the product or service, including the design of buildings), and you can protect your mark if someone uses it after you do, by proving that the use will cause a likelihood of confusion with the customers of both products. However, the best way to protect your mark is to register it. Registration occurs in two ways. If you are selling your products or services within a single state, then you should register the mark with the Secretary of State for that state. However, interstate commerce is becoming the standard, and if you are selling your products or services to people in more than one state using the your mark, you should also register the mark with the United States Patent and Trademark Office (PTO) as well as with the local Secretary of State. We recommend State level trademark registration while Federal registration is pending.
If you register your trademark with the PTO, it will examine your mark to ensure that there is no likelihood of confusion with another trademark. This analysis looks at marks similar to yours in the same channels or class of commerce. For example, if someone sells eyeglasses under a registered trademark, the PTO is unlikely to permit you to register a similar mark for sunglasses. If they find a likelihood of confusion, they will ask you to provide evidence showing why your mark is unlikely to be confused with another mark. This is often an arduous process, and it is worthwhile to have a trademark search done on your mark to ensure that no other person or company is using your mark or a similar mark. In fact, a trademark search should be done both before you use a new mark to ensure you are not infringing on any other person's trademark and periodically to ensure that no one else has taken your mark. The cost for these searches range from $300 to $800 and there are a number of firms that do this service.
Trademarks are a valuable asset to your business. As such, protecting them is important, and the best way to protect your trademarks is to register your marks.
These trademarks need to be protected. There are some common law protections for trademarks and even trade dress (the overall image of the product or service, including the design of buildings), and you can protect your mark if someone uses it after you do, by proving that the use will cause a likelihood of confusion with the customers of both products. However, the best way to protect your mark is to register it. Registration occurs in two ways. If you are selling your products or services within a single state, then you should register the mark with the Secretary of State for that state. However, interstate commerce is becoming the standard, and if you are selling your products or services to people in more than one state using the your mark, you should also register the mark with the United States Patent and Trademark Office (PTO) as well as with the local Secretary of State. We recommend State level trademark registration while Federal registration is pending.
If you register your trademark with the PTO, it will examine your mark to ensure that there is no likelihood of confusion with another trademark. This analysis looks at marks similar to yours in the same channels or class of commerce. For example, if someone sells eyeglasses under a registered trademark, the PTO is unlikely to permit you to register a similar mark for sunglasses. If they find a likelihood of confusion, they will ask you to provide evidence showing why your mark is unlikely to be confused with another mark. This is often an arduous process, and it is worthwhile to have a trademark search done on your mark to ensure that no other person or company is using your mark or a similar mark. In fact, a trademark search should be done both before you use a new mark to ensure you are not infringing on any other person's trademark and periodically to ensure that no one else has taken your mark. The cost for these searches range from $300 to $800 and there are a number of firms that do this service.
Trademarks are a valuable asset to your business. As such, protecting them is important, and the best way to protect your trademarks is to register your marks.