Trademark Basics

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"A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks." 

In short, a trademark is what signifies to a consumer the source/origin for certain goods/services. Why is this important? Because branding allows companies to distinguish themselves from their competitors. While there are thousands of white shirts out there, consumers tend to purchase items (in this examples, white shirts) from specific brands due to quality, fit, price, customer service, and many other reasons. 

The easiest and most cost-effective way to protect yourself against this infringement is by obtaining a federally registered trademark for your company's name, logo and/or any phrases/products/services that become associated with your company. It is recommended to go with a trademark specialist (for US owners - all foreign owners must use a US based attorney) who knows the landscape and how to avoid pitfalls that may end up landing you in hot water down the road. 

"Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. "

A federally trademark is recommended because it puts other companies on notice of your ownership (thus deterring infringement) and if a dispute ever does arise, it is remarkably easier to obtain damages and put an end to the infringement than if you have common law rights. This is because common law rights are geographical in nature and there is no presumption of infringement when another person or entities use of your mark occurs after your registration. Common law protections require an owner to go into the trenches to fight (which can end up costing a lot of money) whereas there are easier (and more) protections available to federally registered mark owners. Common law rights are real and protectable rights, but only to an extent. 

If you or someone you know are thinking about protecting your/their idea/business, we would be more than willing to assist with all of your trademark needs. We are trademark attorneys and specialize in helping people build, grow, and protect their businesses. 

Contact us today for a free consultation. 

https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright