16 Feb IP Lawyer Answers, “Should I Register My Trademark?” – Attorney Advertising
If you’ve recently started a business, you may be wondering what steps you should take to protect your new venture. This may include registering a trademark that you create to distinguish your business from others.
Depending on the stage your business is in, you may already have a trademark. If your business is already selling products or services using a unique symbol, phrase, or word, and there are no other similar businesses using them, you may have existing common law trademark rights.
An Intellectual Property lawyer can help you review the current trademarks you may be using and the ones for which you may want to get protection, and let you know of your rights.
The next step your IP lawyer will help you take is to properly register your potential trademark with the United States Patent and Trademark Office. Many business owners consider trademark registration a valuable tool for their business because with it comes the confidence that you can continue using your mark without the worry that a competitor will attempt to steal it. Here are a few more advantages:
- The public will receive notice of the registrant’s claim of ownership.
- The right to use the mark nationwide on or in connection with goods and/or services listed in the registration.
- The U.S. Patent & Trademark Office will refuse to register any similar or confusingly similar trademarks.
- The ability to bring an action in federal court against anyone who copies your mark.
- The use of the U.S. registration is a basis to obtain registration in foreign countries.
- The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of copycat goods or services from foreign countries.
Because intellectual property is an asset to your business and is a complex area of the law where one mistake could derail the protections and branding that you are counting on to market and grow your business, it’s critical to work with an experienced intellectual property attorney from the outset. If you are ready to get started, we invite you to call our firm at 888-666-0062 to schedule a consultation.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
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