Trademarks are a federal registration which can protect brands from copycats who try and infringe on their products and services for their own gain. Here is what businesses and creatives need to know about trademark law, and why it is one of the best ways to protect your company.
The Benefits of Trademarks
Trademarks are one of the best ways to protect your company’s intellectual property and products. Trademarks provide broad protections from a whole host of questionable business and legal practices from competitors, such as attempting to register trademarks for similar products designed to confuse consumers and siphon off the success of your own ideas and products. This is because the Trademark Office has a duty of care to cite prior applications against current applications, to ensure that confusing or similar trademarks are rejected. This means that when your company receives a trademark, you have the weight of the U.S. Government behind you and your brand’s rights.
While unregistered trademarks used in connection with the sale of your brand’s goods or services have a degree of legal protection, a registered trademark gives you much stronger legal protection, such as presumed ownership and a diminished burden of proof when defending your products against imitators. If a product is unregistered, the burden of proof for showing a competitor infringed upon your intellectual property is much higher.
When Should You Register a Trademark?
While there is no set in stone time as to when a company should file for trademark protection for their products or services, they should consider applying for a trademark as soon as possible. Because of the benefits outlined above, as well as the considerable costs which might arise should a brand need to bring suit to protect an untrademarked product from competitors, obtaining trademarks should be considered a key priority for all companies.
How to Register a Trademark
If you are looking to register a trademark, information pertaining to the process and the costs associated with trademarking is available through the U.S. Patent and Trademark Office. However, since trademark law can be complex and time-consuming, it is highly advisable that you consult with an experienced trademark and patent law attorney before filing for a federal trademark.
Once a trademark is registered, the owner must protect the mark by adequately using the trademark and by monitoring the use of the same or confusingly similar marks by other companies. To maintain the federal registration, the owner must also periodically pay maintenances fees and file declarations of continued use and renewal applications with the federal government.
Looking to Register a Trademark or Defend Your Intellectual Property?
Because of the complexity of the trademark law and the issues pertaining to trademark infringement, if you are looking to protect your company and its products you need to speak with an experienced and knowledgeable trademark law attorney right away.
At Capital Partners Law, we have a combined 15 years of experience in United States trademark and patent law. We provide our clients with a tailored representation to help get them the compensation they deserve. Our firm offers unsurpassed customer service and personal dedication to you and your case. So, if you are looking for a trademark and patent law firm as committed to the success of your company as you are, or if we can provide you with any of our other services, be sure to contact us today.
What Should You Do Next?
If you are interested in learning more or speaking with an attorney at Capital Partners Law, there are plenty of ways to get in touch:
- Call us toll-free at (833) 7-CAPLAW
- Complete a New Client Intake Form (No obligation – an attorney will review your information and contact you to discuss your needs).
- Schedule a Free Consultation
This article is for informational purposes only. It does not create an attorney-client relationship with any reader nor should it be construed as legal advice. If you need legal advice, please contact our firm.