Let’s play this scenario out. You created a business and got your hands on a business license and went about your way in hiring a professional graphic/web design company in creating and branding your business.
The brand you created is a mere reflection of your business. The colors, the fonts, the unique design elements of your brand identify your business. The brand could be so great and successful that you can find it being imitated by other products. Imitation may be a form of flattery, but a company’s brand that used without permission is a lawsuit waiting to happen.
“TM” or ™ symbol is used to prevent from such infringement from happening (relink back to trademark section on website). However, there are beneficial factors to registering your trademark with the federal government, because the ability to sue when your rights have been infringed by someone trying to imitate your brand. These procedures are vital in securing your business and your brand; an investment to protect your investment. The process is relatively straightforward and goes through the United States Patent and Trademark Office (USPTO).
Here are two things you must do:
• Evaluate Your Branding: Making sure your logo is authentic. Coordinate with your graphic/web design company. This process is tedious, but all worth it at the end. Make sure it unique and is created from scratch. Make a note and make sure it is not generic in nature. Generic names and visual identities cannot be trademarked. Check the USPTO database to check if there is similar look or feel to conduct a search.
• Trademark Application: Hiring an intellectual property attorney like Weiss & Moy, P.C., will walk you through every step of the way and to go through USPTO. If you visit their site, it contains the entire data base for all approved and pending trademarks.
** Note that these two things mentioned several pending procedures that you must adhere too (check with your attorney and USPTO).
Waiting for the processes and going through the procedures is all protocol. By following instructions from your attorney and as well as USPTO the process will be lengthy but smooth. Applying for a trademark is vital for companies that want to maintain the integrity and high quality of their branding. With the brand identity and logo design it is only good as the protections which keep it unique and applicable. Either way, you will receive a response to your application. This procedure will take months or years to process, but it will fully inform your rights as register trademark holder and with either lead to success or failure of the application.
Company Name: Weiss & Moy, P.C.
Contact Person: Michael B. Dvoren, Esq.
Phone: (480) 436-7761
Address:4204 N. Brown Ave.
Country: United States