A trademark or service mark may protect a word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. In addition, the owner of a registered mark may be entitled to higher damages against an infringer and may also seek attorney's fees.
Certain iconic trademarks include:
• The Golden Arches
• The Coke and Pepsi logos
• The NBC peacock
• The Apple logo
Unlike a patent, a trademark will not expire as long as the person continues to use the mark in commerce. Federal trademark registration provides an economical means of protecting a company's brand names, logos and domain names from use by others. Additionally, trademarks can be used to protect slogans, sounds (think of the chimes for NBC) and other important items which represent a person or companies mark in trade.
A name or logo is frequently a business's most valuable asset and should be protected just like any other! Many of our clients are startup companies and established businesses. Both, new and established businesses, have put a lot of thought into creating the perfect name or slogan and do not want anyone else to use it. Moreover, for established businesses, the main concern can be losing customers to another company with a confusingly similar name. A trademark application is the first step to eliminating these worries.
By obtaining U.S. Trademark Registration, you will be given the exclusive rights to your registered mark anywhere in the United States. This right will begin the moment your mark issues as a trademark and can be enforced against anyone who uses the mark in an infringing manner after your mark issued. Call or email us today to join the hundreds of entrepreneurs and businesses who have filed a trademark and created strong brand awareness with the assistance of Gibney Law!