In America, trademarks help consumers identify goods as authentic or originating from a certain company by distinguishing them with unique symbols such as logos or slogans for example. This law was originally designed to grant nationwide protection in order to uphold quality standards among competing manufacturers and retailers, while also providing legal remedies against infringers, if needed. This is unlike other countries, where there can exist various levels depending on how far along one is in the application process. Entrepreneurs new and experienced typically rely on a third-party agent, such as a trademark lawyers, to handle the complexities of trademark registration.
It is important that you are mindful of the differences between a state trademark registration and federal protection. While it may be more difficult to protect your mark across state lines, many states have adopted their own trademark laws which provide some level of protection within its borders.
If you’re in the market for an intellectual property law firm that provides services to a variety of clients, then look no further than our recommended boutique team. A trademark owner may file suit against another individual or company who is diluting its trademark by using it on products and/or services, making it likely to cause a decline in value among customers. Let trademark lawyers provide your business with comprehensive legal strategies!
What is a trademark?
A trademark is a mark that distinguishes the products or services of one person from others, and it provides its owner with exclusive rights to use those words or images in relation to certain goods. If another business uses an unauthorized product under your trademark name, they are “blurring” your brand’s image by making consumers believe their good was made by you when really it wasn’t. And if someone were trying to tarnish what people think about your company because they don’t like how you do things? Well then there would be “tarnishment.”
As the owner of a trademark, you can stop others from using your mark or confusingly similar ones. A registered trademark provides you exclusive rights to use it. It is used by some as an effective safeguard for their creative process in business – which can often be costly if not protected early enough. Lawyers help protect brands by filing applications before government agencies and enforcing them when necessary.
How does a trademark work?
A trademark is the identity of a company that can be represented by words, symbols and logos. The procedure for establishing ownership rights depends on the type of mark. However, in every case, you’ll need to provide sufficient evidence showing its use within commerce or services related to these products/services. Use in commerce can include packaging materials such as labels or tags.
Proving first-use requires obtaining an affidavit from someone who has seen it used before, or proof through sales records submitted with your application date when you have been using your mark, which consumers come to identify specifically with one product over time. This is known as “secondary meaning”. If there are no other similar trademarks being used while yours remains active for at least 3 consecutive years, then you will establish legal grounds for exclusive rights.
Protecting your intellectual property is essential to maintaining ownership rights on a product or creative activity. It’s important that you familiarize yourself with the different trademark registration processes and what can lead to infringement of someone else’s mark. A trademark search should be conducted as well, in order for an application process to go smoothly without any confusion about another person or company owning the same name, logo, slogan- anything pertaining to commerce.
If you are looking into protecting your business name, it may help to have a Trademark Lawyer Houston point out some subtleties surrounding trademarks laws. That way, you’ll be best able to navigate through the laws together.