I am often asked “Do I need a Trademark for my invention?” Patents and Trademarks are different kinds of legal protection. Trademark protection may be available for the name and/or logo used to identify your goods or services in commerce.
A strong trademark (or service mark) can be key to a successful marketing campaign. Ultimately, customers identify the mark with the goods or services your business is selling.
Some advantages of Federal Trademark Registration include . . .
1. Others cannot register a mark that is confusingly similar to your mark.
2. A trademark registration provides a legal presumption of your exclusive right to use the mark nationwide, and serves as constructive notice of your claim of ownership in your trademark.
3. A U.S. trademark registration provides a basis for registering your mark in foreign countries.
4. A trademark registration allows you to bring an infringement action in Federal Court, file with U.S. Customs to prevent others from importing infringing foreign goods.
Once your trademark is registered, you can use the encircled-R notation ® to designate your trademark.
Some Common Pitfalls to avoid . . .
1. Selecting a weak mark.
2. Selecting a mark that is generic or merely descriptive of your goods or services.
3. Selecting a mark that is confusingly similar to someone else’s mark.
4. Failing to fully and accurately identify all of your goods and services in the trademark application.
Hire an attorney to help you identify any existing marks that may be considered confusingly similar to your mark before you start using a trademark. Your attorney can also guide you through the selection process to help you identify a strong trademark for your products or services. Then your attorney can help you with all aspects of state and federal trademark registration, and advise you on the proper use of your trademarks so that you are able to build the strength and value of your trademark.
Visit www.trennerlaw.com for more information about costs to register a trademark.
