Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including New Mexico.
The Benefits of Trademark Protection
A trademark is a word, phrase, logo, or other symbol that distinguishes one company’s goods from those of another. If a business does not have a trademark that is used in commerce, it can’t be the sole owner of the mark and will be unable to stop competitors from using it. For example, if someone creates the name ‘Happy Days’ for a nursery school and starts using it for their business, the owner of the Happy Days toy store cannot stop them from doing so.
A trademark is registered with the U.S. Patent and Trademark Office to gain exclusive rights over it. The registration puts other users on notice that you are using the mark, but also protects it publicly throughout the United States and related goods or services specifically in that international class
The Benefits of Federal U.S. Trademarks
A trademark helps to identify a single company’s goods or services by forbidding others from using the mark without your consent. Trademarking is important because if someone else were to use it, you could then sue them for infringing on your trademark.
Applying for a federal trademark registration can be crucial when trying to win a case against infringers. Because federal courts can determine damages and remedies, it can help to protect your business with a trademark registration.
A trademark registration will protect your company from infringement and alerts competitors of your branded name. It should be researched before you start using it to prevent any uncertainties in the future.
Hiring a Trademark Attorney
If you have trademarked your company’s name, it is best to hire a lawyer who specializes in registering trademarks because the process can be tricky and complicated. A trademark lawyer will help you with everything from start to finish and will ensure that your trademark clears legal hurdles.
We usually don’t recommend our clients to try and secure a trademark on their own because there are many online services that guide them through the process. However, these services usually create awful trademarks that put us in contact with the customer who then hires us to clean up their mess.
In turn, we want to help make sure that you’re successful and are not wasting your time on a trademark application. Reach out to our office at any point if you need advice! Not applying for a trademark is sometimes better than applying when it’s already registered by somebody else.
The Difference Between Trademark and Copyright
Trademarks protect a brand’s identity and ownership. It identifies the company to customers, so they can be sure they’re buying the product they want. Trademarks are mainly used for advertising purposes.
Copyright protection means that no one can use your work without permission, but the owner still owns it. Whether registered or not, copyright will always exist. It is important to know the difference between trademark and copyright so that you are adequately protected.
Examples of Trademark Needs in Albuquerque, New Mexico
A lot of people ask us, “Why do I need a trademark for my business?” And the simple answer to that is your businesses name, logo, and branding are inherently valuable. You want to ensure that you’ve protected your business as your brand’s value grows and continues to appreciate over time. For example, if you’re in Rio Rancho, or driving on Interstate 25, you’ve probably seen tons of billboards for corporations and mom-and-pop shops alike. And they’ve all got a certain feel to them, their branding. And that branding is valuable. You want to make sure that if you start a shop in Roseville, that somebody two states over isn’t going to steal your idea and name and do the same business.
A great example I love to use is professional sports teams. Their need to have a protected brand name, logo, slogan, and such is invaluable because so much of their team’s value is wrapped up in their identity. There are lots of sports teams, but for fans, there’s always “my team”. Think about the teams near Albuquerque and South Valley, like the New Mexico Ice Wolves. You can probably picture their logo in your mind, and you know that nobody else is using their names and logos to promote a professional sports team.