The Purpose and Process of Obtaining a Trademark

A trademark is not the same as registering the name of your business. A trademark is a word, phrase, symbol, or logo that distinguishes and identifies the source of goods of one company or person from another. Trademarks can also be granted to a business for its unique packaging, building designs, color, sound, and even fragrance.

In order to establish a trademark, one must do more than merely claim it. You have to register with the United States Patent and Trademark Office (USPTO) and use the trademark in more than one state or at least transport the product across state lines. Also, you cannot get a trademark for something that simply just describes the product in general, like soda instead of Pepsi Cola. Thus, the more distinctive your name or symbol is, the more likely you will be able to trademark it.

The application process can many months to complete. It may, therefore, be wise for you to use the TM symbol during the application process to establish your intention to use the mark as your business’s trademark. Once your trademark is registered, it gives you exclusive rights to use the name or symbol on your particular goods. By protecting the use of your business product, name, or symbol you can attract new customers while allowing your old customers to identify your business with more ease.

Because the process of obtaining a trademark is detailed and time consuming, ask a lawyer to advise you how to move forward so that you do not waste your most valued resources; time and money. You should contact an attorney to make sure that you are protecting your rights in your business’s product, name, or symbol. An attorney can conduct a search for potential conflicting trademarks, they can prepare and file the trademark application, and they can respond to all questions and actions from the USPTO.

Protect the identity of your business, its products, and its name. Call The Carroll Law Firm to begin the process of obtaining a trademark.


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