Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Colorado.
Why Trademark Registration is Vital
A trademark allows a company to control what products it distributes and stops others from creating similar or even identical products. If a trademark is used in commerce, the business can pursue legal action against anyone who tries to copy its name.
In order to register a trademark, you must file the registration with the USPTO. Once a trademark is registered with the USPTO, it will protect the work throughout all 57 international classes and related goods and services.
An Overview of Federal U.S. Trademark Law
Trademarks are used to identify a specific company’s goods and services. They function in the same way that logos do, identifying a particular brand. This is important because it allows you to stop others from using your trademark without your consent. Trademarking gives you the upper hand in lawsuits against those who use your trademark without your consent.
A federal trademark has two benefits. The first is the ease of lawsuits, as a federal trademark is stronger than state trademarks for defending against infringers. Second, you can sue for damages in a federal court instead of state court, increasing your ability to get more money from a legal judgement.
You are also protecting others from unintentionally infringing on your trademark by conducting a search of what is on the USPTO Principal Register. This stops unintentional misuses of trademarks, which would still be considered actionable infringement.
Why You Should Hire a Trademark Attorney and Avoid DIY
If you want to make sure you trademark is legally protected, hire a trademark attorney. The process of registering a new trademark can be complicated and take a long time. A trademark attorney has experience handling these types of cases and can guide you through the process to make it easier. They will also find any other conflicting trademarks so your new trademark is unique, as well as apply for your new trademark application for you.
We do not recommend individuals filing for a trademark on their own. There are many realistic and affordable services available that help you file for a trademark without having to contact an attorney. This is problematic because of the dangerous and complicated nature of the service, but can be beneficial as it brings more business to us.
We pride ourselves on not making a mess, so reach out and we can advise you on how to best position your application or not even apply for a trademark. Sometimes it’s okay not to apply because your trademark is already registered by somebody else.
What’s the Difference Between Copyright and Trademark?
Trademarking is used to protect a company’s identity. It’s used in order to show customers that this organization has ownership over what they’re selling. Trademarks are also mainly used in advertising, so individuals will know which company employs what they need if they want that specific product.
Copyrights are a way to protect an author or artist. Once you register your copyright, you can be sure no one will use your work without permission. It is important to know the difference between copyrights and trademarks so it is clear what intellectual property rights are protected for your company.
Examples of Trademark Needs in Aurora, Colorado
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 Heather Ridge, or driving on Interstate 225, 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 Aurora, 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 Aurora and Saddle Rocks, like the Aurora Tigers and the Colorado Avalanche. 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.