Protect Your Brand – Enhancing Your Rights Through Trademark

Having brand recognition elevates your business and brings your customers back to you while increasing your revenue. We can instantly recognize logos such as Nike’s checkmark, Apple’s bitten apple, Target’s bulls-eye, Pepsi’s tri-color (red white blue) circle, and Ebay (using its own name) which are some of the most recognizable brands. For the South Asian community internationally recognized logos you may recall are Air India and Shaadi.com. Creating your own unique logo is a stamp which represents your business and is the start of your Brand.   You can enjoy the thrill of developing your own imprint under a trademark license and tailor and mold your business Brand and reputation. You can protect your Brand through Federal Registration called Trademark.

What is a Trademark or Service Mark? A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A Service Mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks. A Trademark or Service Mark can only protect the Brand Name or logo used on goods and services. A Trademark or Service Mark gives you rights over your name and logo and control over your reputation. For example, if someone registers a domain name or business name with your Trademark or Service Mark, even if it is available with that particular registrar, they would be required to surrender it as it would infringe upon your Trademark Rights because of your Federal Registration with United States Patent and Trademark Office (“USPTO”).

What to Consider when selecting a Mark? Before filing a Trademark/Service Mark application, you should consider (1) whether the mark you want to register is registerable, and (2) how difficult it will be to protect your mark based on the strength of the mark selected. On a side note, the USPTO only registers marks, You, as the mark owner, are solely responsible for enforcement. The most common reason to refuse registration is a “likelihood of confusion” between the mark of the applicant and a mark already registered or in a prior-filed pending application owned by another party. There are two factors taken into consideration by the USPTO to determine if a likelihood of confusion exists with another party (1) the marks are similar, and (2) the goods and/or services of the parties are related such that consumers would mistakenly believe they come from the same source. You may have a similar mark to one that is already registered so long as the goods and services are not related. It is important that prior to filing you determine whether your proposed mark is likely to cause confusion with another mark. Other factors to consider in selecting a Mark is whether people will be able to remember, pronounce, and spell your mark. Another consideration to take is to conduct a complete search of your mark before filing an application with USPTO. This will save you time and money and determine if there are any potential problems that may occur with filing.

In addition, note that State trademarks only protect a mark in a specific state. However, Federal trademarks offer national protection of your mark, but are only available to companies whom conduct business in more than one state. If you conduct business in only one state, many business owners find that this offers enough protection. An owner of Web business may want the protection of a federal trademark to avoid any legal challenges. In order to have a stronger mark and more rights over the use of your mark you may want to consider Federal registration. Many businesses started small like Apple which started in a garage, or Other Businesses many which began as a cottage industry (home-based) and is now widely available.

Filing an Application Filing a trademark application can be complex and you will be required to comply with all requirements of the trademark statute and rules. An experienced attorney can take charge of your filing and advise and guide you before and after the trademark application process, which includes police and enforcement of your trademark registration if issue occurs. An attorney will likely save you from future costly legal problems by conducting a comprehensive search of federal registrations, state registrations, and “common law” unregistered trademarks as well as time while you further your business agenda. In addition, an attorney can assist you in navigating the application process for optimal protection of your trademark rights such as properly identifying and classifying your goods and services, and responding to any refusals to register that may be issued. Contact Singh Law to consult with an experienced attorney in starting your Trademark application today.

Singh Law, led by Principal Seema M. Singh, Esq., specializes in the spectrum of Trademarks and Business Law. Based in Princeton, N.J., we offer free 15-minute consultations for all clients. Email us at info@ssinghlaw.com or call us at 609-454-3165 today.

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