Patent. Trademark. Copyright.
Law.
 

1. What is a Trademark?

 

Trademarks are the brand names and logos of a product or service of a Company.  Specifically, a Trademark is a word, symbol or design or combination of those elements that act to identify and distinguish the source of goods or services of a business from those of other businesses.

 

The primary protection that trademark rights provide to an owner of a trademark is the right to exclude others from using in the marketplace a “confusingly similar” trademark for similar goods and services. As a result of this protection, a business owner can confidently invest in and build that all-important brand recognition. Without trademark protection, a competitor could attempt to ride the coattails of a mark owner’s established brand by introducing competitive products into the marketplace with confusingly similar packaging and/or brand names designed to trick consumers into purchasing the competitors products.

 

It is important to note that Trademarks differ from a Company name or a website address URL.  A Company name is generally not entitled to trademark protection unless the company name is also used as a brand name on the goods or services of that company.  Similarly, ownership of a particular website URL does not confer any trademark rights to the owner in that name. In fact, owners of website URLs that are confusingly similar to registered trademarks owned by others are often forced to give up those website URLs.

 

2. Should I Register my Trademark?

 

It is not required that a business register its Trademarks with the U.S. Patent and Trademark Office. Certain “common law” trademark rights will offer protection to a user of an unregistered trademark. However, applying for and receiving Trademark Registration is recommended as it confers additional important rights over and above these common law trademark rights.

 

These rights include: The legal presumption of ownership of the mark and your right to use the mark nationwide in connection with the goods and services listed in the registration; Public notice of your claim of ownership of the mark; The ability to record your trademark registration with the U.S. Customs and Border Protection to prevent importation of infringing foreign goods; The right to use the federal registration symbol ®; and The ability to bring an action concerning the mark in Federal Court, allowing the trademark owner to seek, among other things, enhanced damages and attorneys fees against infringers.

 

3.  How can I get a Trademark?

 

Trademark Registration begins with filing a trademark application with the U.S. Patent and Trademark Office. The application will contain a description of the mark and a description of the Goods and Services on which the mark will be used.  The trademark office will then determine whether your mark is entitled to federal trademark registration. There are a number of rules and laws regarding whether a trademark will be approved. Chief among these are (1) the mark cannot be generically descriptive of the goods and services described in the application; and (2) the mark cannot be confusingly similar to an existing registered mark for similar goods and services.

 

4. How much does it cost to file a Trademark Application?

 

Filing fees for a trademark application will vary based on a few factors including the number of Classes of Goods and/or Services the mark is to be used with.  You can expect to pay filing fees of approximately $300 per class of Goods and Services.

 

In addition to filing fees, you can expect to incur attorneys' fees for the preparation of the initial trademark application. Due to the value that a registered trademark can bring to a business, and the complexities of the U.S. Trademark Law and enforcement, it is critical that your trademark application be properly and expertly prepared. It is recommended therefore that you consult with a trademark lawyer about preparing your initial trademark application and the attendant legal fees involved.

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