Young or inexperienced entrepreneurs and inventors often
overlook how important it is to secure the rights to
their business and product names until it is too late. Very
often this happens because this individual is knee-deep in the daily
tasks of managing and operating a business during the
Trademark law gives a business the exclusive
right to use a "mark" that serves to distinguish or identify the
product or service of one business from another. A trademark can
be a word, phrase, logo, design or a combination of
these. And it is used exclusively to identify the
source of a particular
Before you launch a new business, product, service, or release a patented invention into the marketplace, it's very important that you do a comprehensive trademark search and get clearance for your mark. It's not uncommon for a business to sink a lot of money and time promoting a new product or service and then find out all their efforts have been wasted because their mark was already in use by another business.
Trademark law has a unique position in intellectual
property law because it protects both trademark owners and consumers.
If you would like to proceed directly with a FREE online trademark application request (it takes less than 3 minutes to complete), please Click Here
The Law protects trademark owners by stopping a competitor from using a trademark which they have no right to, and it protects consumers because over a period of time, consumers tend to favor a business by its trademark. The law recognizes that loyalty and will not allow one company to borrow another's mark. This law even goes a step further - it will also prevent another company from using a mark that is similar to yours. This prevents a business from using deceptive marketing tactics on consumers.
Unlike your rights in a patent or a copyright, a company’s rights in a trademark can last indefinitely. As long as you continue to use the mark and renew the registration regularly, you're protected.
Contrary to popular believe, a registered trade
name is not a registered
trademark. This is a topic that caused a lot
of confusion among entrepreneurs and new businesses. So let me try to
clear this up.
TRADEMARK PROTECTION FOR YOUR DOMAIN NAME (URL)
The interaction between trademarks and domain names has
created a minefield for businesses. If you don't have
solid trademark protection, your reputation, and even the
company itself, can be hijacked by cybersquatters
SELECTING A TRADEMARK
It's important to first select a mark that can be registered as a Federal Trademark.....long before you want to introduce the product or service into the marketplace. So you should be extremely careful in selecting a mark so that you can keep the ability to stop others from using your business, service, or product names.
A mark can be classified into four separate categories:
Here's a little more detail on these categories
Trademark rights cannot be granted to marks that are generic. By generic I mean a term that is used everyday such as car, ball, soup, etc.
Descriptive marks are just that - they describe the product or service that the mark is used for. In my opinion, Descriptive Marks are not a good choice because Trademark protection is only extended to descriptive marks when they have attained a secondary meaning. By that, I mean that a mark has been used for so long by one business that the mark is instantly associated with that company.
Suggestive marks are just that - they suggest or hint at some quality or component of the products or services with which they are used. Typically a suggestive mark is considered to be stronger than a descriptive mark because it does not require proof of a secondary meaning.
ARBITRARY MARKS (aka FANCIFUL MARKS)
Fanciful or Arbitrary marks are the most distinctive of all marks and receive the highest level of protection under our intellectual property laws. The marks are typically unknown before they become associated with a service or product. A example of an Arbitrary mark would be the mark IBM ®.
Not only should you conduct a trademark search all state
and federal registered trademarks, but you should also do a search on
all pending trademarks. Depending on those results, you may want to
registration for your mark.
At Gold & Rizvi, P.A., our sole focus is protecting ideas and identities. If you need assistance with your trademark issue and require a Trademark Law Attorney, feel free to contact us using the contact form located on this page or call us toll-free at 1-866-433-2288.
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