Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Massachusetts.
Why Trademarks are Important for Small Businesses
Without registering the trademark with the USPTO (United States Patent and Trademark Office), a business cannot own exclusive rights to it, granting competitors the right to use their trademark.
In order to register a trademark in the US, they must first file it with the United States Patent and Trademark Office. This will protect your trademark for the entire country and kinds of products where it applies. It also puts others on notice that you have filed for this mark.
What are the Benefits of Federal US Trademarks?
A trademark, or service mark, is used to identify goods and services that come from a specific company. They are used in the same way that someone would use a logo. Trademarking provides you with greater grounds to file a lawsuit if someone else uses your trademark without your consent.
A federal trademark registration is important because you qualify for more damages and remedies when you sue. Beyond this, it makes it easier to charge others with infringement.
With a US trademark, users know when to search the Principal Register before using a word. They will have to check their intended word has not already been registered, which prevents infringement by mistake.
Why You Should Hire A Trademark Lawyer
You should hire a trademark attorney to make sure your trademark is legally protected. The process of registering a trademark can be complicated and detailed. Hiring an attorney will ensure that your application is complete, and will conduct an extensive search for any other similar trademarks that might conflict with yours.
If you plan to secure a trademark, we advise against doing so without the guidance of a lawyer. Many online services offer ‘do it yourself’ trademarking, but these are generally scams to drive business away from lawyers and cover up their mistakes.
We will help you avoid mistakes when beginning a trademark application and advise you on the most efficient way to pursue a trademark. Reach out with your questions and we will help ensure that you receive accurate advice.
What is the Difference Between a Trademark and Copyright?
Trademarking is used to show the customer that the company has ownership over the product or service. It is primarily used for advertising purposes, and to identify a company’s brands for customers who are looking for their specific product.
Copyrights come with the protection of no one else using your work without permission, but you are still the owner. Copyrights exist when not registered, but additional protections come with that registration process. It’s important to distinguish between copyrights and trademarks so your company intellectual property is protected.
Examples of Trademark Needs in Boston, Massachusetts
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 Wayland, or driving on Interstate 93, 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 Brighton, 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 Boston and Wellesley, like the Red Sox and the Boston Celtics. 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.