Trademarks

Get help with the trademark registration process

Trademark

Together, a new company and a new idea can make for a profitable business venture, and trademarks are an essential way of ensuring that companies have a means of retaining some of the originality that goes into their products and into the branding of those products. Trademarks help to identify and protect a company's rights in producing and marketing its particular products; however, they also protect consumers by helping to differentiate between products, ensuring consumers get the quality product they have come to associate with a particular company.

There are several different types of trademark. Some symbols that you are likely already familiar with include ™, which indicates an unregistered trademark used to promote a brand; ℠, which indicates an unregistered service mark used to promote brand services; and ®, which indicates a registered trademark.

Understanding Trademark

Like patents, trademarks are a form of intellectual property protection. However, where a patent protects an invention, a trademark could apply to anything from a catch phrase, to a logo design, to an image, to a product's name or design, to a mascot—usually, particular aspects of a company's products or the marketing of those products that makes them identifiable and distinguishable from other products.

Hiring a Trademark Attorney

Although a registered trademark is not necessarily required to make a case for infringement, if you do have a registered trademark, you may have strong grounds to bring legal action against any persons or companies that you feel have infringed upon that trademark.

Deciding to pursue trademark registration or bring a lawsuit against another individual or company based on possible trademark infringement requires the advice of a trademark attorney. These lawyers are qualified to provide legal counsel on matters involving trademarks. Residents should be aware that trademark lawyers are, under the law, considered differently depending on the country in which they are working. While trademark attorneys are recognized as a distinct legal profession in Britain, this is not the case in the U.S., where, perhaps surprisingly, the profession's legal parameters are less defined.

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