If you are running a business, a trademark lawyer can be your best friend. If you are new to the world of trademarks and intellectual property law, then this article is for you!
We have collected some information about trademark law that will help any business owner understand what it means to protect their brands through trademark registration.
We also talk about how important it is to consider international trademark protection as well as domestic trademark protection. Make sure that your brand is protected today by contacting an experienced attorney who specializes in trademarks at Trademark Lawyer Houston.
What is a trademark? How does it differ from a copyright or patent?
A trademark is a word, phrase or symbol that is used to identify the source of goods and services. A trademark can be a word (e.g., Apple), design ( e.g., Nike’s swoosh) slogan (“Just Do It”), or even color scheme (the McDonald’s golden arches).
Trademarks are a type of intellectual property, which serves as an assurance of uniqueness of your brand. Other types of intellectual property include copyrights, which cover creative content (books, music & software), and patents, which cover inventions with unique features and improvements to existing inventions.
Having intellectual property rights allows you to protect your work from unauthorized use, which can potentially lose you revenue.
When should you register your trademark?
Depending on the competition of your industry, you should register a trademark with a government office, such as the U.S. Patent and Trademark Office (USPTO), as soon as legally possible. In the United States, the trademark registration timeline for any business can look like this:
– one year after your brand is first used in commerce
– five years before expiration of any trademark registration
– within the first five years after a trademark is granted
If no one else has registered your trademark, you have up to three additional years to file a trademark application.
If you don’t register your trademark, the rights can be lost and someone else could take it from you.
How to register your trademark?
You can claim rights to your trademarks under common law, but you won’t have an advantage if you’re facing legal trouble later on. By having your trademark in the USPTO database, the law is much more likely to be on your side, thanks to federal trademark laws.
You can either apply to register your trademark directly with the USPTO, or you can have an attorney do it for you. For beginners with the funds, an attorney is recommended, because the rules & regulations are complex, and by having someone to sort out those details, your trademark registration is not only more likely to be successful, but to the greater benefit of your business.
What are the benefits of registering a trademark for your business?
The benefits of trademark registration include:
– having the rights to your trademark
– preventing others from using a similar mark (i.e., if you’re facing legal trouble later on from competitors trying to infringe on your trademark rights)
– being legally able to bring trademark infringement lawsuits
What are the disadvantages of registering a trademark for your business?
The only disadvantage is that you might have some upfront costs in order to register, but this is offset by all the benefits. Because there are many risks to not registering:
– not being able to bring lawsuits against trademark infringement
– losing the opportunity to gain greater control of your brand and images associated with that trademark
Some other reasons people might decide not to register:
– they don’t see themselves as having strong enough branding, or their business is too small – concerns that are usually alleviated by business growth.
Do trademarks apply internationally?
If you register a trademark with the USPTO, your trademark protection rights apply within the United States. If you’re after the global marketplace and want to protect your rights there, the USPTO will refer you to the World Intellectual Property Organization.
If I register a trademark, can someone else use it?
The only way someone other than the registrant could legally use a registered trademark is if they had obtained written permission from the owner of that trademark, or if there was an agreement with that other party not to assert any rights.
When other individuals or businesses are given permission to your trademark, you can monetize their use through a licensing agreement.
Contact a Trademark Lawyer Today
You’ve read enough to know what it takes to protect your intellectual property. Now you’ve got to do it – and the most effective way is to get the professional advice of a trademark attorney.
To get more specific information about how to protect your own trademarks and make sure they’re being used correctly, book a free consultation with our recommended firm: Lloyd & Mousilli