Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Florida.
What is a Trademark?
If a business does not have a trademark, they cannot stop competitors from using it. For example, if someone creates the name ‘Happy Days’ for an elementary school and starts using it for their businesses, the owner of the Happy Days nursery school cannot stop them from doing so.
To prevent others from using your trademark, registered it with the US Patent and Trademark Office. This is also used to establish ownership and stop people from making a profit off of your trademark.
Advantages of Federal U.S. Trademarks
Trademarks protect the services of a company and allows for better grounds for suing someone if they use your trademark without your consent. Trademarking is important because it allows you to present your company as an expert in that field.
A federal trademark registration is a good idea for two reasons: it’s harder for infringers to use your trademarks if you have a federal registration, and it is easier to sue in the federal court instead of state court.
Registering a trademark with the USPTO allows others to know you exist and avoid unintentional infringement by checking the Principal Register.
Why You Should Hire a Trademark Attorney and Avoid DIY
You should hire a trademark lawyer to make sure that your trademark is protected and legally registered. The process can be detailed, which isn’t ideal for most people, which is why you should hire someone to help you through the process. Trust an attorney who will conduct all of the steps from start to finish; researching any other trademarks that might conflict with your own
We recommend against clients securing a trademark themselves. There are many automated services that allow you to walk through the process without legal counsel and end up causing more harm than good. However, we enjoy knowing these services exist because they drive a lot of business our way to clean up the mess.
We pride ourselves on helping you apply correctly, so reach out to our team if you need any help. Sometimes not applying can be the best decision.
What are the Differences Between a Trademark and Copyright?
A trademark is used to protect the company’s identity, like the company’s name or the product’s name. It’s used to show customers that this company has ownership over what they’re selling. A trademark is also mainly used for advertising purposes, so people will know who to go to if they want that specific product.
You own your work and copyright it, but to add additional protection, you can register your work. If you need to know the difference between copyrights and trademarks, then this article should help.
Examples of Trademark Needs in Clearwater, Florida
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 Harbor Woods Village, or driving on Highway 19, 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 Clearwater, 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 Clearwater and Sand Key, like the Tampa Bay Rays and the Tampa Bay Rowdies. 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.