Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Pennsylvania.
Why Trademarks are Important
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 cannot be exclusive to the mark and will not be able 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.
If a person wants to prevent others from using their trademark, they can use the United States Patent and Trademark Office to get an exclusive rights. The holder would need to register their mark with the office, which protects the holder’s trademark in commerce for the entire United States in related goods and services.
The Benefits Of A Federal US Trademark
Trademarking allows a company to protect their brands and trade secrets. Trademarks are used to identify goods and services from a specific company. They provide grounds for copyrights if another entity attempts to use the trademark without permission.
A trademark registration is important because it will help you defeat infringing parties and you can sue for damages in a federal court.
Another great benefit is that registering a trademark with the USPTO Principal Register gives others constructive notice of your trademark. Conducting a search before using the mark prevents unintentional infringement, which is still actionable.
Why You Should Hire a Trademark Attorney and Avoid Doing it Yourself
You need to hire an attorney who specializes in trademark law because the process of trademark protection is complicated and detailed. A trademark attorney can help you complete the application process and conduct a thorough search for any trademarks that would conflict with yours.
Our firm warns our clients against applying for a trademark on their own because there are many, many automated online services that can walk you through the process without the advice of legal counsel. We actually love these services because the service is awful and gets business our way.
If you have any questions about trademarking, contact us and we can advise you on the best course of action
What is the Difference Between a Trademark and Copyright?
Trademarking is used to ensure the customer knows who owns an item. It generally protects a company’s identity and their products, as well as for advertisements.
You’ll need to understand the difference between copyrights and trademarks. While both protect your work, copyright does so without registration. It’s important for you to know what type of intellectual property rights your company needs for protection.
Examples of Trademark Needs in Allentown, Pennsylvania
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 Fountain Hill, or driving on Interstate 78, 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 Allentown, 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 Allentown and Fullerton, like the Lehigh Valley Phantoms and the Lehigh Valley Iron Pigs. 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.