trademarks.
Branding! Logos! Cool names!
Starting a new adventure with a logo or name? Creating a new product line? Want to file for Trademark Protection on your branding?
Get in touch with one of our experienced Trademark Attorneys for a free consultation, and let’s move toward your goals together.
FREE GUIDE
Tricks of the Trademark: How to Mark Your Ideas Safe From the Storm
In this guide, you will learn about
— Why you should file for trademark protection
— Which assets are trademarkable
— How to file for trademark protection
— Steps for success
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Trademark Basics.
A trademark may be a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.
It is shorthand for someone identifying a certain level of quality and making decisions accordingly.
The general purpose of trademark rules are to protect the consumer and help them quickly identify the source of a good or service before purchase.
So, the question for whether a brand can be protected is whether a consumer might be confused between your branding and another company’s branding.
That confusion is more likely if there is a similar brand in your industry.
Filing your trademark.
You may file for trademark protection at any time during the life of your business or product, whether you are just getting started, launching a new aspect of your business or a new product, or wish to capitalize on the goodwill you have generated over the years. Trademarks are often an overlooked business asset that can hold value for a company based on what they have achieved.
Without filing, you can still grow your brand organically, but once you have any business across state lines, you will be compared to other national brands whether you intend to be or not. Filing for federal trademark protection gives you a strong presumption of national recognition and can help establish your brand early on, allowing you to build your empire with confidence.
Filing your trademark.
You may file for trademark protection at any time during the life of your business or product, whether you are just getting started, launching a new aspect of your business or a new product, or wish to capitalize on the goodwill you have generated over the years. Trademarks are often an overlooked business asset that can hold value for a company based on what they have achieved.
Without filing, you can still grow your brand organically, but once you have any business across state lines, you will be compared to other national brands whether you intend to be or not. Filing for federal trademark protection gives you a strong presumption of national recognition and can help establish your brand early on, allowing you to build your empire with confidence.
Trademark upkeep & monitoring.
After receiving a registered mark, you must maintain the trademark, continue to use it consistently, and periodically renew it with the United States Patent and Trademark Office (USPTO). You must also monitor your mark to make sure others aren’t using it without your permission and to make sure there aren’t counterfeit versions on the market. At Wilson Dutra, our trademark attorney in Jacksonville can help monitor your trademark post registration and send cease and desist letters on your behalf.
Filing for trade dress protection.
Did you know that you could file for trademark protection based on how something looks? As long as the design serves a similar source-identifying purpose to that of a brand, the design and shape of a product could be protected with trade dress protection. This might be another consideration for your branding strategy, particularly if you have filed for design patent protection in the past.
Ready? We’ve got this.
