Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Pennsylvania.
How Trademarking Your Brand Helps
If one company doesn’t have exclusive rights to a service mark, they can’t stop other companies 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.
To halt the use of the trademark by others, they would have to register it with U.S. Patent and Trademark Office. Registering a mark allows protection in all states and territories while putting other people on notice that the claimant is already using it.
The Federal Register For Trademarks
Trademarks, or service marks, are used to identify goods and services that come from a specific company. They are used in the same way that someone might use a logo. Trademarking is important because it prevents others from using your trademark without your consent by giving you greater grounds to file a lawsuit against them.
A federal trademark registration is important for two reasons. First, it’s easier to win a case against infringers if you have both federal and state trademarks. Second, you can sue for damages in a federal court instead of the state courts.
When a trademark is registered on the USPTO, other people know a trademark exists. This search prevents unintentional infringement because it gives potential infringers constructive notice. Unintentional infringement is still actionable infringement.
Do You Need A Trademark Attorney?
While trademark law can be complex and tedious, a trademark attorney can help guide you through the process. They complete the application for you, and conduct extensive searches to find any potential conflicts with other trademarks of yours.
We recommend against our clients trying to secure a trademark service from a company by themselves. Most businesses overlook the process of trademark registration services and are provided guidance from some automated services, but the processes can often lead to mistakes that compromise the brand.
We want you to have your content done right the first time, so reach out to our office and we will be happy to help you with that.
The application for a trademark offers many opportunities, and sometimes you may choose not to apply for a trademark if another entity already has it registered.
Difference Between Trademark and Copyright
Trademarks are used for a variety of purposes, including the symbolic branding of companies and products. This is done to show the consumer that this brand has ownership over what they’re selling. Trademarks are also mainly used for advertising.
The copyright protects an individual or company’s work, giving them control over how it’s used. If there’s no copyright, a company owns what they create. The trademark offers less protection but helps to distinguish it from others in a way that creates value.
Examples of Trademark Needs in Bethlehem, 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 Middletown, 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 Bethlehem, 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 Bethlehem and Hanover, 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.