Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Tenneesee.
What You Should Know About Trademarking Your Business
In order to have exclusive rights, it’s important to have a trademark that is in use. If not, other businesses will be able to use the same trademark for their business. For example, if someone creates the name ‘Happy Days’ for a nursery school and starts using it for their businesses and the owner of Happy Days toy store tries stopping them from doing so, they wouldn’t be successful.
Owners of a trademark need to register it with the US Patent and Trademark Office in order to protect it across the United States. Registration prevents others from using the mark, and puts them on notice that you are using it.
Benefits of Registering a Trademark in the United States
Trademarks identify a good or service, and they should not be used without the developer’s permission. Trademarks prevent trademark use by others and are important because they come with legal rights.
You should register with the federal trademark registry to protect your brand. This is important because suing infringers can be difficult. You will have a stronger case if you have federal trademarks, instead of only state or common law trademarks. Additionally, if you register with a federal trademark and get sued, you can sue in a federal court which may give you more damages than if the infringement occurs in a state court.
If a company registers their trademark on the USPTO, then other companies should conduct a search before using that trademark. This prevents unintentional infringement.
Learn the Benefits of Hiring a Trademark Attorney and Avoid DIY
A trademark attorney can help you with a trademark application process. They’ll make sure the process is detailed and complicated, and they will guide you through the entire process. The trademark attorney will help complete your application, as well as find any other trademarks that might conflict with it.
We always recommend that if a client is hoping to secure a trademark, they should not attempt to do so on their own. Many applications for trademarks can be filed with the assistance of automated online services, and we love these services because they often fail, generating more business for us.
We make sure your application is done right the first time and we’re happy to guide you on what trademark best suits your needs. Our lawyers won’t apply for a trademark that’s already taken by somebody else.
What is the Difference Between Trademark and Copyright?
Trademarking is a way to establish the name of a business or product. This will protect the area of their trade and allow access to those who are looking for that specific product. Trademarks are often used as advertising tools, outlining what company can offer this specific product.
Copyrights provide protection for the author or artist, which means no one can use their work without permission. However, the creator still owns it. Copyrights exist even if they are not registered, but additional protections are given through registration. It’s important to know the difference between a copyright and a trademark so your company’s intellectual property rights are adequately protected.
Examples of Trademark Needs in Davidson, Tennessee
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 Oak Hill, or driving on Interstate 65, 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 Davidson, 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 Davidson and Green Hills, like the Nashville Sounds and the Nashville Kats. 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.