Dothan Trademark Attorneys & Lawyers

What is Trademark vs. Trade Name?

A trademark offers legal protection for a symbol, logo, slogan, phrase, word, design, or other element that associates products or services with your business. A trade name is your company's official name under which it does business. Other terms for trade name include "doing business name", "fictitious name", or "assumed name."

Registering your company's trade name is much simpler than registering for a trademark but doesn't offer the same legal protection. It only serves as the official name of your company.

When you receive approval on a trademark application, you hold several legal rights. You are the only one allowed to use, copy, profit from, and distribute the approved mark. This could include a variety of items, from a simple logo to the

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Updated July 13, 2020:

What Is a Common Law Trademark?

A common law trademark is a type of infringement protection for intellectual property wherein the property is used in commerce before it's federally registered. The U.S. common law trademark starts when you use the mark in commerce for the first time within a geographic area. It endures with continual, deliberate use and is shown by the superscript symbol "TM."

Business names, taglines, product names, logos, design elements, and sounds used to identify companies are all covered by a common law trademark. U.S.

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Willful Infringement: What Is It?

Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:

• A defendant engaged in acts that infringed the patent or copyright
• The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights

Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. However, the infringement is not considered willful if:

• the person has copied the invention without knowing i

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Updated October 30, 2020:

What is Trade Dress?

Trade dress covers all elements that make up the overall image of a product or service. This includes, but is not limited to, the color, shape, size, configuration, and packaging of a product. Trade dress (which is a type of intellectual property) can also apply to decor, architecture, or anything else that makes the presentation of a product or service distinctive.

Trade dress refers to anything that is designed or used to promote a product or service. This is known as the "total image" or "overall appearance" of the product or service.

In the right circumstances, trade dress may be something as simple as a color. Trade dress is protected under trademark law, so the

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What Are Trademark Requirements?

Trademark requirements include details such as contact information and product description information that you must provide when you apply for a trademark. The U.S. Patent and Trademark Office (USPTO) reviews trademark applications. This agency uses information you provide on a trademark application to decide whether to grant you a federally registered trademark for your invention or product.

To get a trademark, you need to meet the fo

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