Trademarks protect your business name and strengthen your brand identity. When you register your trademark with the U.S. Patent and Trademark Office, you gain valuable rights, but the registration process takes some time and consideration.
What would you like to protect?
updated September 1, 2023 · 3min read
Trademarks protect your business name and strengthen your brand identity. When you register your trademark with the U.S. Patent and Trademark Office, you gain valuable rights, but the registration process takes some time and energy. Thankfully, there is plenty of help available to get you through the process.
To successfully register a trademark, start by doing a trademark search, make sure you understand the requirements, submit an accurate application, respond promptly to issues, and get help. It's a long process, but it's worth the effort.
Trademarks are often confused with two other types of intellectual property protection: copyrights and patents. Trademarks typically protect brand names, logos, symbols and slogans that companies use on their goods and services. Patents typically protect inventions. Copyrights typically protect original literary and artistic works such as novels, movies, songs, photographs and artwork.
Unlike the other two types of intellectual property protection, trademarks focus on whether a consumer would be confused about the source of goods or services by someone else's use of a similar mark. This makes a registered trademark a powerful weapon against counterfeit goods or competitors trying to confuse the public or make money off of your good name.
When you register a trademark with the USPTO, you receive the strongest possible protection for your trademark. Benefits include:
Federal trademark registration involves much more than just filling out a form and waiting for approval. Many people need help along the way, but with good advice they find the process relatively straightforward.
Other types of trademark protection
State trademark registration protects your trademark only within your state. Simply by using your trademark, you may have common law rights, but those rights provide limited protection and lack the enforcement and deterrent features of federally registered trademarks.
Protecting your mark
After your trademark is registered, you are responsible for enforcing it and filing maintenance documents every five to 10 years. Be sure to monitor other trademark applications, keep an eye out for infringers, and act quickly to assert your rights.
by Jane Haskins, Esq.
Jane Haskins is a freelance writer who practiced law for 20 years. Jane has litigated a wide variety of business disp...
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