Frequently Asked Questions Regarding Trademark Law

If you are considering a trademark as a way to protect your brand, you may have a number of questions regarding intellectual property. When considering a trademark for your company, it will be essential that you obtain an intellectual property lawyer to conduct an extensive search of any similar trademarks that may be out there. The approval process can be lengthy, so you should hire a trademark attorney, like a trademark attorney to help give yourself the best opportunity at receiving an approval for your trademark. 

What is a trademark?

A trademark is a word, design, or symbol that distinguishes a business or product. Trademarks can include phrases, slogans, logos, and brand names. Trademarks can be the foundation of the success of a business — without logos and slogans, some brands may even be rendered unpopular or penniless. Some examples of companies with well-known trademarks include:

  • Nike
  • Louis Vuitton
  • Coca-Cola
  • Google
  • Apple

Why is it important to have a trademark?

Trademarks are an essential component to the popularity of many businesses. Trademarks are the brand of a company. When a consumer sets out to make a purchase, they may make decisions based on a trademark or brand. Even something as simple as a design can help consumers to identify a product. Some consumers make purchases based on a brand’s popularity alone. While it’s not a necessity to register a trademark, federal registration of a trademark can offer a number of benefits. Officially trademarking your product provides the owner with official ownership.  

What is the process for registering a trademark?

When you have started your business, there are some things that you will not want to forget. Perhaps one of the most important components to protecting your brand is registering your trademark. You will want to be sure that no one is able to take your trademark for their own use. First, it will be necessary to conduct a search of trademark records to make sure that the trademark is not already in use. Next, you will want to make sure that you select the right category with the United States Patent and Trademark Office. Reviewing their manual for the correct classification of your product is crucial. Doing these two steps correctly the first time can ensure that your application is not rejected by the patent office. 

How can a lawyer protect a trademark?

Working with a trademark attorney may be beneficial for the protection of your business and all that you have created. A trademark attorney will conduct an extensive trademark search of both federal and state trademark databases to confirm that no issues come up prior to filing a trademark. Generally, a trademark attorney will then review their findings and answer any questions you have regarding the process moving forward. He or she will then work with you to complete your trademark application. 

The process of searching databases and completing the trademark application process can be incredibly challenging. As a business owner with a trademark that is of value to you, it will be important to take the proper steps towards safeguarding your brand. Give your business the best chance at obtaining a trademark with the guidance of a trademark attorney to walk you through the process.