- Patents
- Trademarks
- Copyrights
- Trade Secrets
So what is a Trademark and why are they important? First, let's talk about the difference between the symbols that we are all familiar with: TM and ®. The TM means that the company or person using the symbol is relying on "common law" to protect their trademark. The ® symbol means that the company or person has federally registered the trademark. So what's the difference:
TM: you only have rights to the trademark where you are actively using the mark. In other words, if I use the term "Bob's Tires" in Utah, I can stop others from using that name in Utah. However, if someone in Nevada started using "Bob's Tires" there would be nothing I could do about it.
®: Federal registration gives you rights in all 50 states, regardless of whether or not the mark is actually being used in that state. In our example above, I would be able to make the Nevada company stop using that name.
Because Federal registration conveys rights in all 50 states, filing with them can be very important. If I file for Bob's Tires before the Nevada company starts using the name, I can stop them from ever using it. If I file after they start using the name, I cannot stop them, but I can land-lock them. In other words, they can never expand using that name outside of Nevada.
Therefore, it is very important to not only file for a trademark, but to know what trademarks exist before you begin your business. I have seen countless examples of people who start businesses without checking the Federal register, dump thousands of dollars into their marketing campaigns, to then just receive a cease and desist letter from the Trademark owner. Searches can be done at the United States Patent & Trademark Office (PTO) at www.uspto.gov, or a lawyer can do a clearance search for you.
The moral of the story? Don't let someone land lock or degrade your business! File Federally with the PTO. Using a non-lawyer company to initially file may save you a little bit of money, but you'll lose in the long run without the attorney's advice and assistance throughout the year-long process. I have seen more than one trademark get lost and become worthless due to a non-lawyer company (e.g. LegalZoom) filing the trademark and then not being able, legally, to assist the client throughout the rest of the trademark process.
Whether you are looking to get a trademark, need help responding to a rejection/objection from the trademark office, or would like to enforce a trademark, I can help! I have successfully filed applications, overcome rejections, and have successfully enforced and defended against trademark infringement claims.
Call or visit our website to schedule a free consultation today: https://www.gurrlaw.com/Appointments.aspx
