Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including California.
Why you Need to Register Your Trademarks to Protect Them
A trademark is a word, phrase, logo, or other symbol that you can use to distinguish the goods of your business from those of your competitors. If a company does not register for and use a trademark in commerce, then competitors are able to use it as well. For instance, if someone starts using the name ‘Happy Days’ for their nursery school and then someone else starts using the toy store called Happy Days, then that person cannot stop them because they did not register their trademark.
To prevent others from using your trademark, you should register it with the United States Patent and Trademark Office. You will be able to prevent other from using it and protect it from being registered by a different company.
Federal U.S. Trademark Benefits
Trademarks or service marks identify public goods and services, in the same way that brands are used on private goods. Trademarking is important because it helps protect consumers from the danger of using someone else’s trademark without their consent.
Federal trademark registration is important because it can make it easier to win a copyright infringement case and allow you to sue in federal courts, which provide additional damages and legal remedies.
One benefit of a registered trademark is that it gives others notice of your trademark. If someone else is using the same trademark, they will be found through conducting a search on the USPTO Principal Register. This is to prevent unintentional infringement, which is still actionable infringement.
To learn why you should hire a trademark attorney and avoid DIY
A trademark attorney can help to guide you through the process of registering a trademark. They will complete the application and conduct an extensive search to make sure that there are no similar trademarks that might conflict with yours.
When it comes to trademarks, we highly recommend that our clients go through a lawyer. There are many automated services that walk applicants through the application process and they are awful. We love these services because they drive people our way to help clean up their mess.
Contact our office if you need any help with your application. We will advise you of the best way to move forward and let you know if it is necessary to refrain from applying at all because someone else has already registered a similar mark.
Find out when to use a Trademark and when to use a Copyright
Trademarking is used to protect the identity of a company or product, such as its name. Trademarks are most often used for advertisement purposes so that people know where they can find that particular product.
A copyright protects authors or artists, which means that no one can use their work without permission. However, the creator still owns it. A copyright exists whether registered or not; however, additional protections come with registration. It’s important to know the difference between trademarks and copyrights so that your company’s intellectual property rights are adequately protected.
Examples of Trademark Needs in Folsom, California
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 Los Cerros, or driving on Highway 50, 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 Empire Ranch, 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 Sacramento and Broadstone, like the Sacramento Kings and the Sacramento River Cats. 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.