Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including New YOrk.
When Should a Trademark be Filed?
A trademark is a symbol that distinguishes one company’s products from those of another. If someone does not have a trademark registered in commerce, then they 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, then the owner of the Happy Days toy store cannot stop them from doing this.
It is advised that anyone who is trying to acquire exclusive rights to their trademark register the mark with the USPTO. This will make sure no one will use your trademark and that you are protected.
The Advantages of Federal U.S. Trademarks
Trademarks are used to identify that a good or service comes from a specific company. They are similar to logos and can be trademarked for more protection against others infringing on your project.
A federal trademark registration is important for two reasons. First, it’s easier to win a case against infringers if you have federal trademarks instead of only state trademarks (or only common law trademarks). Second, you can sue for damages in a federal court instead of state court, which means you can get additional damages awarded to you and increased remedies.
Obtaining a trademark on the USPTO Principal Register is an effective way to prevent others from infringing on your trademark. Doing so will give them constructive notice of your particular trademark, preventing unintentional infringement.
Protecting Your Trademark
A trademark attorney can legally protect your brand. The process is simple, but takes some time to complete. You’ll need to take care of the application and conduct a thorough search for any similar brands that might infringe on yours.
We almost always recommend against securing a trademark on your own, especially since there are services online that walk you through the application process without legal counsel. These awful, automated services get clients to apply for trademarks and come back with errors after deadlines have passed; promising that they can do all the hard work to save them.
Our company will help you strategize the trademark process and give you advice on which areas to apply in order to get the desired result.
The Difference Between Trademark and Copyright
Trademarking a company’s identity protects trademarks and names from being sold by competitors. Trademarks are mainly used for advertising, so a person will know which is the true source of the product being advertised.
Copyright is a protection, which means no one can use the work without permission. However, it belongs to the creator and they need to know the different between a copyright and trademark.
Examples of Trademark Needs in Buffalo, New York
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 Eggertsville, or driving on Interstate 190, 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 Buffalo, 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 Buffalo and East Aurora, like the Buffalo Bills and the Buffalo Bison’s. 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.