Getting started on defining a trademark can be an overwhelming and complicated process, especially if you’re not familiar with the legal resources related to trademark law. Fortunately, if you're based in the Los Angeles area, there are experienced attorneys that understand the local legal regulations and how they apply to trademarks. Here’s an overview of what is involved and how UpCounsel can help you protect your unique brand identity.

Understanding Trademarks

The goal of trademark law is to protect a company’s brand in the public marketplace. A trademark is a form of intellectual property, such as inventions, compositions, designs, or symbols. It is the public’s recognition of a brand or service and acts as a source identifier. This recognition is what differentiates ones goods or services from those of other companies. Companies that have a trademark registered with the U.S. Trademark Office have a better chance of maintaining the integrity of their brand and protecting against unfair competition.

Selecting the Appropriate Trademark

In order to get started on your trademark, you first need to consider some points of differentiation such as the company’s goods and services, name, or logo. Choosing a name or logo that is too similar to another company's is an easy way to create needless problems in the future. Additionally, coining a word or phrase that has no prior history is often difficult to register as a trademark, since it can be hard to prove that the public knows it is associated with a specific brand. The United States Patent and Trademark Office (USPTO) will reject any trademark applications that are too generic, or too similar to an existing mark.

Registering a Trademark

Once you have done your due diligence and decided on your trademark, you will need to submit an application with the USPTO. The application should contain a written description of your trademarks, and provide a printed registry that shows where and when the mark was used. This is a critical part of the registration process, and if the field is left blank or incomplete, your application may be rejected.

Enforcing a Trademark

Trademark law is a tricky area of the law, and protecting your mark involves maintaining proper record-keeping and monitoring trademark usage, both domestically and internationally. It is important to notify the USPTO if you observe any other companies using your trademark, or if there is any unauthorized use of the mark. If you are not careful in policing any misuse, you risk diluting the value of your trademark, which could potentially damage your brand.

UpCounsel

UpCounsel provides the expert legal support you need in trademark matters. Our attorneys are well-versed in trademark law, and provide the insight and guidance needed to register a trademark and ensure that your brand identity is protected. Our skilled lawyers in the Los Angeles area understand the local legal regulations, and are well-equipped to provide the support you need to protect your unique brand identity.

Topics:

trademark definition,

trademark infringement,

U.S. Patent and Trademark Office