What is a Trademark and How Can It Help Me?

"Creativity doesn't wait for that perfect moment. It fashions its own perfect moments out of ordinary ones." -- Bruce Garrabrandt

---

What is a Trademark?

Generally, Intellectual Property consists of Trademarks, Copyrights, and Patents. A trademark is any word, name, or symbol used in business to identify and differentiate a business's goods or services. Another function of trademarks are to identify the source of a good or service. A trademark can be a company's brand name, slogan, catch phrase, symbol, signature color, and more. Using a trademark without permission can be deemed a violation of the trademark owner's rights. The United States Patent and Trademark Office (USTPO) is the governmental entity responsible to administering trademarks.

Some companies sell their products not only with words, phrases, or symbols, but also with unique packaging. A good example is a company like Tiffany's, which sells its jewelry in a particular color and type of packaging. The term "trade dress" refers to the usage of distinctive packaging. Trade dress isn't only about boxes; it may also contain unique color schemes, shapes, and even décor.

Trademark rights can be used to prevent others from using a confusingly similar slogan, symbol, or catchphrase, but they cannot be used to prevent others from creating the same goods/services, or selling them under a plainly different mark. While it is true that trademark rights are automatically conferred when used in the course of business, there are several benefits to formally registering your trademark with the USTPO.

Benefits of Obtaining a Trademark

The following are some of the advantages of federal trademark registration:

• Nationwide notice of your Trademark Claim.

• Registration serves as Prima Facie evidence of Trademark Ownership.

• Registration in the United States can be Recognized in other Countries.

• Registration with the United States Customs Service could be made to prevent Infringing Goods/Services from being Imported into the Country.

To summarize, trademark law protects you, the owner, against competitors stealing your business identity (catch phrases, slogans, logos, ect.). Without registering a trademark, you open your business identify up to being copied and it may be more difficult to get recourse. Contact us today to discuss how you can start protecting your brand.

---