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Archive for the ‘Trademark Lawyer’ Category
Everyone knows the importance of branding and image in business. You stay ahead of your competitors if your clients recognize your logo or your name even just from a single short glimpse. This is why it is important you do not share your trademark idea with others. By getting a trademark registered, you effectively and legally claim a right of ownership over such and prevent your competitors or any other business from taking advantage of your popularity.
You are legally allowed to use the TM or SM designations in your company name or logo to claim rights of ownership even without a pending application with the United States Patent and Trademark Office (USPTO). However, the decision to do so might run counter to your intention as these symbols signify that your trademarks or service marks are not yet registered because despite the symbols, it will not prevent your competitors from filing their own applications.
By getting a trademark registered, you are lawfully allowed to control the benefits of owning your name and reputation. Take for example a well-known company that did not register their trademark. Imagine the business advantages of being able to make people think you are connected with the big company because you have used their name or logo or even a portion of it as your own name. Without registering your trademark, you cannot legally prevent others from using it for their own advantage. Not only will a registered trademark serve as a notice to others that they can no longer use the same or similar trademark but it is the only thing that will give you the right to sue those who do.
A trademark that is registered with the USPTO will also make it easier to apply for an international registration. So not only do you get to protect your trademark nationally, but internationally as well. Another big advantage of those with registered trademarks comes in the form of protection from the US Customs. You can file a claim with them to disallow the importation into the US of foreign goods that infringe your trademark rights. This means that you are at least protected nationally even if you do not have an international patent.
The whole process of getting a trademark registered looks simple but is filled with details that are easy to miss. If you are not aware of these small yet important elements, you stand to lose your trademark if you cannot get it registered. Hiring trademark lawyers like the Trademark Access legal team is your best option in ensuring you get the trademark federally registered. The benefits, however, make it all worth the effort and more. It is something that is an almost like a necessity next to securing business permits and other similar forms of documentation.
If you have a product or name that is unique for your business, it is important to get a trademark to protect that special name or product. Chances are, you have worked very hard to think up a unique product, and it is important to establish a presence in the market world. Typically, trademarked products or names attract more customers than those without trademarks because customers know the trademark means quality.
How To Get a Trademark
How to get a trademark can be very simple , as long as you know how to do so. Following is an outline of the steps to get a trademark:
Step 1: Create the trademark.
Before you can have something trademarked, you must create it. It can be a word, phrase, name, or symbol, but it must be unique and attractive. Consider something that can be used for many generations and that fits your product or company well. Consider hiring a special team or person who is creative to help you design the trademark, or if possible, pull people off regular work and have them focus on this special project. Also, consider having the team handle all aspects of the trademark, from creation to completion.
Step 2: Hire an attorney, if desired.
An attorney is not required, but it can save you time. There can be a lot of paperwork involved, as well as certain legal conundrums associated with trademarks, and the attorney will know the best way to handle any problematic situations.
Step 3: Search for any use of the desired trademark.
Once you have a trademark, design created, it is important to make sure it is not already in use. Check the website of the United States Patent and Trademark Office, which is free to use. If you have hired an attorney to help you, they can handle this part of the process.
Step 4: Prepare a drawing of the trademark.
This should be done professionally, as it will be used on all products produced by your company. If you know someone in your company who draws, consider using them or hire someone outside the company. Just make sure to check their work and make sure everything is correct before sending it off.
Step 5: Register the trademark.
If you are using an attorney to help, they will handle this step. If not, many websites available can help you. Some require a small fee for processing. When you fill out the application for the patent, make sure to check all your information.
Step 6: Start using the “TM” or “R” designation as appropriate.
Once you have started the application process, you can start to use the “TM” designation when writing or advertising your product or service. You cannot, however, use the trademark designation on specific products until registration is complete.
One of the most exciting and fun parts of starting a business is coming up with a brand name for your products. No matter how many good ones seem to be taken, there are always plenty more ideas for product names — and yours can be original and eye-catching. Brainstorming can be amusing and entertaining, a break from hard work.
The trouble is that, although your thought might seem original, there is the possibility that someone else will come up with the same name for his or her product. To make sure this does not affect your success, it is essential to register that name before someone else gets there first. It becomes your trademark, something you legally possess. Like your jewelry, car, and computer, it is protected property, and theft is punishable by law.
Begin to find out how to register a brand name by visiting the USPTO (United States Patent and Trademark Office). They provide advice, application forms, and a search site for locating other names like the one you have in mind. Even if it is a brand name waiting for a decision, applicants will still be able to see it on the list.
You can download forms and make the application yourself. On the other hand, one of those pieces of advice noted on the USPTO site is to hire an attorney to help you through the process. Keep in mind that it costs money to make an application, and if it comes back with errors, you have to re-apply, paying the fee once again.
To register your name without going through this frustration, start by visiting an attorney who specializes in intellectual property law. There are firms, which focus specifically on trademark law, assisting clients with the search and application process. They know the potential hurdles clients face and common mistakes people make, including how they define the product or service they are naming.
With this service, an experienced trademark attorney can prevent a client from applying pointlessly; that is, when a brand name is already taken. Attorneys take a basic or an in-depth approach according to the client’s budget. The detailed approach will look at more than just the regular national registry and explore state trademark registries, which are not listed, on the USPTO site.
The next stage is for the client, who has now successfully registered a brand name thanks to these professional services, to protect it. One simple way to ensure your trademark is protected is to retain the services of the same legal team to monitor your name. You went through a lot of work and waited a long time to find out the results of your application and do not want to let someone else steal your property. Consider a trademark attorney like a security system.