- Posted by MatadorAdmin
- On January 19, 2018
What is a trademark?
As a trademark attorney can tell you, the trademark process can be complicated, and involve legal issues. If you’d like to talk to a legal professional about trademark rights and protecting your property, call an attorney to request a free consultation.
When a name is used in conjunction with the commercial sales of services and products, it is usually advantageous to federally trademark that name. In this way, the name can be protected within and outside the United States. Talk to one of our trademark attorneys to find out more about this process and how we can be of assistance to you.
To establish the right to a trademark, you must first use it in a commercial context. When a trademark is then federally registered, that registration can supplement and enhance your existing rights to that trademark. Talk to a trademark attorney from our firm to learn if in your case it makes more sense to use the trademark first, or begin with federally registering it.
Common Law Trademark Rights
When you use your trademark, or mark, in a commercial use associated with your services or goods it establishes your common law rights. In this way you can claim exclusivity to your mark and the use of it. However, it is limited to the geographical areas in which you are conducting business with regard to your services or goods. This is limiting as compared to federally registering your trademark.
Federal Registration of Trademarks
Federal registration of your trademark will require you to file an application with the United States Patent and Trademark Office. A trademark attorney from our firm can assist you with this. There are two primary federal trademark registers:
- Principal Register. This is for a nationwide exclusive use of the trademark.
- It allows you to take another company or individual to federal court if they infringe on your trademark rights.
- It provides you with nationwide protection of your trademark.
- It allows you to record the trademark with United States Customs and Border Protection to prevent the importation into the country of counterfeit items of your product and the infringement of your trademark.
- It allows you to use the federal registration symbol, which is a capital R in a circle.
- Supplemental Register. This is for the use of descriptive marks, non-distinct trade dress, geographic terms, and surnames.
- It does not provide you with exclusivity to the trademark, but you can file lawsuits in federal court against those infringing on your rights.
- You can use the registration symbol in conjunction with your trademark name.
Trademark rights, and the process of filing for them, can be complicated and confusing. An experienced Business Law attorney such as the Business lawyer Memphis, TN locals turn to can help you today.
Thanks to authors at WisemanBray for their insight into Business Law.