By registering your trademark you will enhance the legal protections afforded to your brand. We can help you easily register your trademark and avoid mistakes that could cost time, money, and legal rights.Reading Time: 3 minutes
The U.S. Patent and Trademark Office, the federal agency in charge of managing trademark registration in the United States, defines a trademark as a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of goods or services. Trademarks were created with the intent of helping (and protecting) the public to understand the true source of a product or service. This can be very useful and valuable for your business.
The purpose of a trademark is to help ensure the public knows the proper and accurate source for a particular product, good or service. In doing this, trademark law can help your business distinguish itself from the competition and prevent others from confusing your customers. Your trademark may become synonymous with a particular good or service and build trust in your company.
Once you register your trademark with the USPTO, no one else can register a trademark that is very similar to yours. In this way, trademarks help maintain your brand recognition and can help you stand out in the marketplace.
If you plan to expand the market reach of your business or you think it may be a possibility, it is a good idea to register your trademark. While courts will usually protect your unregistered trademark just for using it in the marketplace, it is not protected outside of the market it is used in, such as a neighboring state for example.
A registered trademark provides the potential for greater damages in an infringement lawsuit.
By registering your trademark and preventing the competition from using it or a “confusingly similar” trademark of their own, your customers and potential customers will be able to better identify your products or services from your competition.
Businesses with strong trademarks are simply more valuable. They have an easier time obtaining prospective customers and preventing the competition from using a confusingly similar trademark of their own. If you ever intend to sell your business, buyers will value businesses with strong trademarks higher than similar businesses without strong trademarks.
No set list describes exactly what can be trademarked, but the most common are words or phrases and graphics that are not generic or descriptive of their meaning. Registered trademarks also exist for sounds, colors, and smells. Though just about anything can potentially be a trademark, it must meet the definition defined by the USPTO to be considered valid.
For example, the word “Apple” cannot be used as a trademark for something that refers to a fruit apple but of course, it can be used as a trademark for a computer product. Clearly, this can get confusing fast when attempting this on your own which is why we firmly recommend having your trademark reviewed by a licensed trademark attorney before submission to the USPTO. When you choose L4SB to file your trademark, you don’t need to worry–included in our trademark filing package are an attorney review and consultation. We will examine your trademark and help you revise it so that it has the best chance of meeting the USPTO definition and being accepted.
Many find that it is a good idea to consider creating your trademark as early as the business planning stages. You want your business to stand out, and you want it protected. If you choose a company name or logo that cannot be trademarked, then you have no protection from others using your logo, and it may suggest that you should consider finding a more differentiating identity for your business.
Most applicants use private trademark attorneys for legal advice regarding use of their trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration. A private trademark attorney may help you avoid many potential pitfalls.USPTO.gov
There simply is no substitute for having your trademark reviewed and filed by a trademark attorney. Statistically, your chances of trademark approval by the USPTO when you file yourself or use a non-attorney filing service is as low as 20%. Deciding to have L4SB review and file your trademark will boost your overall trademark quality and increase its odds of approval to over 70% on the first attempt.
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“Working with L4SB was amazing. I was in a need for somebody to explain an issue with Trademarks without any run around or requiring a retainer. He was amazing, met with me within a couple hours and explained everything crystal clear. Gave me the clarity I needed and was super easy to work with. Service like this is Unique these days. Thank You Larry, My decision was perfect.”Carlos G.