How to

Register Your

Trademark

Why Trademarks

Are Vital For a well-functioning business, protecting the brand is essential. One important tool for achieving this is trademark registration, which grants a business exclusive rights to a slogan, symbol, or another uniquely identifying feature. A registered trademark allows a business to exercise a wide range of legal rights. Let’s take a look at the ins and outs of trademarks as well as the process of getting them properly registered.

What Is a Trademark? • A Trademark is an intellectual property element that acts as a

“source identifier” for a product. Examples include the name of a brand of cereal and a distinctive company logo.

• Trademarks can take a variety of forms. A slogan, a symbol, a name, a word, a logo, a design—all of these and more are eligible to be trademarked.

• Trademarked elements are very valuable in promoting a business and its products.

• A business that holds a recognized trademark is afforded a variety of legal protections, such as the right to seek damages against another entity that attempts to use an identical or extremely similar mark.

What Is a Service Mark? • Similar to a trademark, a service mark acts as a

“source identifier” for a particular service or brand. One example would be the name of a professional cleaning company.

• These too can take a variety of forms: terms, words, designs, symbols, names, and so forth.

• As they designate activities rather than objects, service marks appear mainly in advertising.

• Legally, service marks are equivalent to trademarks; both are entitled to the same types of enforcement protections.

Common Law Trademarks • Businesses can exploit certain benefits of trademarks

without having theirs formally registered. Simply using the trademark publicly will establish “common law” privileges.

• However, a company that does not register a trademark enjoys only limited rights: Common law protections are restricted to the geographic region where the trademark is in use.

Federal Trademarks

• By applying for a federal trademark, businesses can expand the geographic range of legal protection.

• A federally registered trademark is recognized nationwide. • A federal trademark also provides businesses with expanded

rights and privileges.

Benefits of Federal

Trademarks

• If another entity attempts to violate a trademark, a business with a federally recognized trademark is more likely to win an infringement lawsuit.

• Federal registration grants the right to use the symbol “®” next to the trademark. This will discourage other companies from violating the trademark.

• A properly registered trademark also allows businesses the use of the federal court system when pursuing relevant legal action.

• With a federal trademark, a business can even legally halt imports that violate its mark.

The Importance of a

Trademark Search • Before using a trademark, a

business should carry out a search to ensure that it does not infringe on another entity’s mark.

• Many new trademarks closely resemble ones already in existence, and in the event of a perceived conflict, a company with a prior claim to a mark is likely to file an infringement suit. Legal proceedings of this nature can be very costly and time-consuming.

• As previously stated, trademarks do not need to be registered—this can make it difficult to ascertain whether a proposed mark may conflict with another.

Types of Trademark Searches

• Federal and state searches: These examine the federal register as well as every state’s register for trademarks that may conflict with the one used by the business.

• Common law searches: These look at actual uses of a particular trademark in the marketplace, whether or not it has been formally registered.

• Because even an unregistered trademark is protected in the region where it is in use, businesses should utilize both types of searches. This is particularly important if the business plans to operate on the national level.

• Having a licensed attorney inspect the results of a search is optional, but there are sound reasons for doing so.

• Many trademarks are similar but not identical to an established trademark. It is difficult for untrained persons to judge whether a proposed trademark is too close to another. This is an area where an attorney with a background in trademark law can provide useful assistance.

Why an Attorney

Should Review the

Trademark Search

Filing the Trademark Application • The regulatory body that oversees registrations is the United States Patent and

Trademark Office (USPTO), a branch of the Department of Commerce. • Applicants may elect to pay the fees and submit the required paperwork without

outside assistance. However, a law firm specializing in trademark services can ensure that the registration process runs as smoothly as possible.

• A trademark law firm can also resolve conflicts if the application is rejected—these companies usually have experience with the Trademark Trial and Appeal Board.

• Finalizing a trademark registration often takes 1-2 years.

About Allmark Trademark

Founded in 1999 by attorneys John E. Russell and Kevin R. Martin, Allmark Trademark was established to provide affordable, expert

trademark services. Allmark carries out a range of relevant services, including application preparing as well as state and

federal trademark searches.

For more information, please visit http://allmarktrademark.com/.