- What Is a Trademark?
Your logo or slogan represents your business and needs protection before being unveiled to the public. Once your logo appears on labels or packaging, it is considered a trademark. A distinctive word, slogan, or logo that connects the product to its creator trademark is a mark of trade.
A trademark protects a business’ identity by disallowing other companies to infringe upon its design. How can you protect your brand and your business?
- What Qualifies a Logo For Registration?
The patent office is busy approving thousands of trademark applications annually. However, not every trademark is eligible for registration. Offensive trademarks or trademarks too similar to existing ones will not be approved unless the product categories are entirely unrelated. Similar logos are confusing to customers.
- Why Is It Important to Conduct a Search Of Your Trademark?
It is essential to conduct a search of your trademark to determine if it is available. You do not want to choose a trademark that infringes on another business’ rights. Searching on major search engines and trademark registries is a great start.
Why Register Your Logo As a Trademark?
When a company advertises its product with a logo, it is considered trademarked in the United States. Because it is deemed to be trademarked, it may seem unnecessary to officially register your trademark with The U.S. Patent and Trademark Office.
It is wise to hire a trademark attorney to file your trademark application. It is vital to protect the mark that is an investment in your company’s success.
Officially registering your trademark is the only way to receive these specific benefits:
Officially registered trademarks:
- Are protected under the federal Anticybersquatting Consumer Act which allows business owners to sue businesses using an identical or similar trademark to theirs.
- Can request that U.S. Customs confiscate counterfeit goods imported into the U.S.
- Grants you trademark protection in other countries.
- Owners can sue in federal court, instead of state court.
- Recognizes trademark owners as the owner throughout the entire U.S.
- It is crucial to begin registering your logo before the product goes commercial. The patent office must receive, review, and approve the logo before it is officially registered.
- Using ® and ™
® and ™ are only to be associated with goods or services that have registered trademarks. It is a criminal offense, punishable by a fine to use these symbols to represent an unregistered product or service.
Paul J. Burkhart
If your company has a trademark to register; Paul J. Burkart can help you navigate the registration process.
He will ensure you are choosing a distinctive trademark and assist with the registration of it. Start your business on the right foot with experienced business attorney; Paul J. Burkhart.
Our team assists both individuals, and business clients with all their legal needs, including business and Corporate Transactions, Business/Commercial and Civil Litigation, Real Estate, Intellectual Property, Family Law, and Estate Planning matters. We are a full-service private law firm ready to assist you with any request, large or small. Call 561-880-0155 or visit our website.
Law Offices of Paul J Burkhart, PL
800 Village Square Crossing
Palm Beach Gardens, FL 33410
Phone: (561) 880-0155
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