When building your business, you may develop goodwill in a name, phrase, or image that your consumers can rely on and distinguish your company’s services or products from competitors. Part of growing and strengthening your business means taking steps to preserve rights to your intellectual property.
A trademark or service mark is a tool used to distinguish a particular product or service from other similar or competing products.
Trademarks will typically take the form of a:
- Names
- Original words or combination of words
- Logos, symbols, or icons
- Phrase or slogans
- Smell
- Sound
- Color
- Other identifying visual designs
Trademarks and service marks help consumers identify your brand by associating these identifying words or visuals with your business.
Consumers associate trademarks or service marks with consistent, quality products or services. The rightful owner of a trademark or service mark can prohibit others from using the same or similar mark, which will likely lead to confusion among consumers regarding the source of the products or services.
If you have questions about protecting your intellectual property, including the use of trademarks or service marks, our trademark lawyer can help.
We can guide you through the trademark application process, perform clearance searches, and help address and resolve any trademark Office Actions that may arise.
Contact The Browne Firm to get answers to your trademark questions.
When and How to Use Trademarks and Service Marks
You will typically want to apply for a formal, federal trademark with the United States Patent and Trademark Office (USPTO) to ensure your intellectual property receives full protection. We can help guide you through this process and help avoid common errors in your registration.
Once approved, your business should always incorporate the official ® symbol or the term “Registered Trademark” with the associated words or visuals. The symbol immediately and obviously demonstrates your rights to the trademark and will put third parties on notice that they must refrain from using it without your express permission. It can also dissuade competitors from attempting to file for similar trademarks.
If you have not yet federally registered with the USPTO or are in the process of doing so, you can still use “TM” for trademarks and “SM” for service marks with the associated element. This essentially “stakes a claim” to associating the words or visuals with your product or service, even if you have not yet been granted a registered trademark. This can serve as a deterrent to other businesses that may be considering a similar trademark or service mark.
Avoiding Common Pitfalls
Something important thing to consider is that your business should be cautious in pursuing trademarks that represent your product or service as a noun or verb. Doing so runs the risk of your trademark becoming synonymous with a homogenous category of goods or services, diluting its efficacy and even opening up the possibility of losing your trademark entirely. Instead, trademarks should ideally function as an adjective describing your business’s product or service. We at The Browne Firm can help provide guidance in avoiding this and other common trademark pitfalls.
Our Mount Vernon trademark attorney is prepared to handle all of your trademark and intellectual property protection needs. Contact us to get started today.
How Our Trademark Lawyers Help
Trademark law can be a complicated and time-consuming process. From conducting a comprehensive search to filing the necessary documents with the United States Patent and Trademark Office (USPTO), the trademark registration process requires knowledge, experience, and attention to detail.
Hiring our trademark lawyer ensures that your intellectual property rights are protected and gives you the peace of mind to focus on your business.
Trademark Registration
Trademark registration is critical in protecting your brand and securing exclusive rights to your name, logo, or slogan. Our experienced trademark attorneys can guide you through the entire registration process, from conducting a thorough trademark search to filing the application with the USPTO.
The trademark registration process can be complex, with strict deadlines and specific requirements. We will handle all aspects of the registration process, including preparing and filing the necessary documents, responding to any office actions, and ensuring that your application meets all legal requirements.
Trademark Search and Clearance
Before investing time and resources into a trademark, it’s essential to conduct thorough searches to ensure it’s available. Our team will perform comprehensive trademark searches to assess potential conflicts and provide clearance opinions.
We can assist you with the trademark filing process if the search results are favorable. Our trademark service includes drafting and submitting the necessary paperwork to the appropriate government agency. We understand the importance of protecting your brand and ensuring it is legally recognized and enforceable.
Trademark Office Action Responses
Our Trademark Office Action Responses services are designed to assist you in navigating the complexities of trademark law. With the help of our experienced licensed attorneys, we provide comprehensive support to ensure a strong defense of your trademark application.
Our team meticulously reviews the office action and crafts tailored responses that address concerns raised by the USPTO. We understand the significance of protecting your brand, and our attorneys are well-versed in the intricacies of trademark law.
Protect Your Proprietary Creations, Products, and Services With Our Trademark Attorney
At The Browne Firm, we understand the importance of trademark protection and have a proven track record of success in trademark law. Whether you need to register a new trademark, handle an office action, or enforce your existing trademark rights, our skilled attorneys are here to help.
Contact us today to schedule a consultation with one of our trademark attorneys and discover how we can help protect your brand and safeguard your intellectual property rights.
