Becoming knowledgeable of intellectual property law will protect your business, your brand, and prevent the hassle of a costly infringement lawsuit. While there are several types of intellectual property (we discussed copyright in a previous post), today, we would like to talk about trademarks.
A trademark is a word, phrase, symbol, or design, or any combination thereof that identifies and distinguishes the goods of one company from another. Examples include your company name, logo, and motto.
Like copyrights, formal registration is not necessarily required to protect your brand. However, without formal registration, proving and protecting trademark rights in court is extremely difficult.
In fact, the United States Patent and Trademark Office (USPTO) strongly recommends you have a licensed attorney represent you during the lengthy and complex application process. An attorney who practicess in trademark law will not only provide valuable legal advice, but will relieve quite a bit of stress throughout the trademark application process.
There are many reasons an attorney is beneficial while applying for a trademark. A licensed trademark attorney will:
- Conduct a comprehensive search to determine if your trademark is eligible for registration.
- Aid you in developing a long-term protection plan of your brand including filing an infringement lawsuit.
- Help you avoid the potential costs of rebranding.
- Prepare and file registration documents with the USPTO as well as adhere to registration deadlines.
- Help you understand and enforce your trademark rights.
As a representative of many small businesses, Kendal Law Group would like to stress the importance of protecting your intellectual property. Please contact Kendal Law Group PC to protect your brand, learn your rights, and to represent your business.