What is a Trademark and When Should You Get One?
Trademarks are an important form of intellectual property (IP) protection for many businesses2 min read
Trademarks are an important form of intellectual property (IP) protection for many businesses. A trademark is a mark, word, phrase, or design that distinguishes the goods or services of one company from another. In addition to the protection of trademarks, trademark law also prevents unfair competition and protects the public from confusion or deception concerning the source or origin of goods or services. When businesses consider registering or protecting a trademark it is important to understand the basics of trademark law, and when it is necessary.
What Are the Benefits of Trademark Registration?
Registering a trademark can provide businesses with more than just the rights or protections associated with trademark law. Registering a trademark grants a business or individual exclusive rights to use the mark in connection with their goods or services. Registered trademarks are also easier to enforce in a court of law for any violations. Registration also creates a public record for the mark, serves as notice to others that the business owns the trademark, and allows a business to market their own products or services in other countries with the same mark.
How Can You Know If a Trademark Is Already in Use?
Before deciding to register a trademark, it is necessary to conduct a trademark search to ensure that the mark is not already in use. Conducting a search is the most important step in registering a trademark. A federal trademark database is available online for a comprehensive search of other active and previously registered trademarks. Another quick search can be conducted on Google to see if the business’s trademark is being used in any way online. If any results come up, it is important to consult with an experienced trademark attorney regarding the potential registration of the trademark.
When Is it Necessary to Protect a Trademark?
The first step in protecting a trademark is to obtain a federal registration obtain trademark registration. This provides the ownership and enhances the right to sue for any infringements or violations of the mark. If a company has not conducted a trademark search before using their trademark, it is important to file for registration right away in order to secure rights to the mark. Protected trademarks can also be renewed every 10 years.
Legal Counsel for Trademark Matters in Dallas
Small and large business owners in Dallas should consider seeking local counsel to ensure that trademark law is fully understood and that trademarks are properly protected. UpCounsel is an online marketplace providing businesses and individuals with access to attorneys from a network of experienced business lawyers across the United States. From contracts and IP protection to commercial disputes and debt collection, UpCounsel’s freelance attorneys can provide comprehensive legal services.
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