Understand How A Trademark Works

A trademark is a brand name that involves a symbol, name or device. It is designed to identify the goods or services of a particular seller. You will need to select a mark that can be registered by the federal government and that can be protected legally. Once you have a trademark, you will be protected from the unauthorized use of your trademark and from lawsuits from others claiming that the trademark belongs to them.

Begin The Federal Registration

Federal registration is not mandatory for a trademark, but there are several benefits. For example, you will be given the exclusive right to use the trademark in connection to goods or services found in the registration. Fortunately, the process of registering a trademark for a company name can be very straightforward. The application can be completed online in about an hour.

Conduct A Search

Before registering a trademark, it is important to conduct a search to verify that another company hasn’t already registered your name as a trademark. This can fortunately be done quickly with the Electronic Search System Database. If someone else is already using a particular trademark in a geographic area, their trademark will be protected and you will not be able to use that trademark without legal assistance. It is recommended that you contact a lawyer at this point.

Make Sure The Trademark Is Distinct

Also, make sure that your name is distinct. For instance you are not allowed to register a name such as “burrito truck.” Do not make the mistake of adding your domain name extension to the trademarked name because another business will be able to register the same trademark, but with a different extension. For example, you would not want to register newagelectronics.com because this may lead to someone else registering newagelectronics.net as a separate trademark. Also, make sure that a specific design for your trademark is not designated because you may only receive protection for that design.

Create A Unique Design

One complication is when your trade mark is found to be similar to another registered trademark. This can lead to your trademark being contested. In these circumstances, it is best to hire a trademark attorney. However, in most cases, after paying $275-325, your business will have a protected trademark.

In Closing

By having a protected trademark in your state, you will now have the power to bring forth an infringement action in state court.

featured image credit: pexels.com


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Editorial Staff

Editorial Staff at Monterey Premier is a team of authors led by Geno Quiroz.

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