The Importance of Trademark ®

Chances are good your business uses a name that uniquely identifies it with your particular goods or services.  If so, you should seriously consider obtaining a federally registered trademark for that name. FYI, if the name is used in connection with products, it is referred to as a “trademark.” If the name is used with a service, it is called a “service mark.” The same basic registration process is required for either a trademark or a service mark — it begins with the filing of an application. You may not display the symbol “®” in connection with your goods or services until final issuance of your federal registration. You should expect  6-9 months from the date of filing until final approval, depending on the backlog at the U.S. Patent and Trademark Office (“PTO”).

Here is a great video, straight from the PTO, explaining in simple terms the benefits of, and procedures for obtaining a federally registered trademark.  The primary benefit of owning a federally registered trademark  is that the trademark can only be used by you (or others to whom you license the mark). If others use your mark without your consent, they can be forced by the court to pay you monetary damages. This is just about the strongest brand protection you can have.

Because the process for obtaining a federally registered trademark is fairly technical, it makes sense to use an experienced trademark lawyer to make sure it is done right.

 

 

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