A lot of people look to open their own business, but this poses many questions, such as those regarding trademarks. If you intend to establish a trademark, it is crucial that the correct steps are taken to ensure its validity and protection. To do that, the help of a trademark attorney indispensable.
Defining a Trademark
A trademark is a name, design, tagline or any element legally associated with a certain business, product or service. Trademarks are vital to the distinct identity of a business. They help consumers differentiate one product or service from another.
What to Trademark
Your trademark may be the brand of your products or services or of your business itself. You can use all words (this is calleda “word mark”) or you can also use a graphic design, like a logo or symbol. Whatever the case, it has to express a message from you to your customers. You can choose your own design for your trademark, as long as it can be protected and it is not the same as any other trademarks. Otherwise, you could get in some expensive trouble with the law.
Researching a Trademark
When choosing a business name, you have to pick something that attracts attention and is memorable. Most of all, it has to be absolutely unique from other trademarks, especially if you want to trademark your business name. Again, if you infringe upon other trademarks, you could pay a high price for it. To eliminate this possibility, do some research. It needs a bit of work, but it can spare you from major issues in the future.
Check out the United States Patent and Trademark Office (USPTO) database where you can scan for trademarks, registered and pending alike. But this task is not always as simple as it sounds. In fact, it takes a special skill and a solid understanding of trademark laws. It is therefore wise to work with a trademark lawyer when searching through trademarks.
Registering Your Trademark with a Trademark Lawyer
Registering a trademark can become a challenge when you don’t have vital legal knowledge, not to mention if you’re working on it by yourself. However, a lawyer who specializes in trademarks can give you all the help and guidance you need. They can provide assistance as you search for existing and on-process trademarks, ruling out the possibility of duplicates. Of course, they can also prepare and file all the necessary documents to register your trademark properly. Finally, the moment you get your trademark, or even before, the lawyer can also devise a strategy that can guarantee its security.