Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including TEnnessee.
Learn About the Importance of Trademarks
If a company doesn’t have a trademark that is used in commerce, it won’t be able to create any exclusivity and will be unable to stop competitors from using it.
More than just a trademark registration, registering with the U.S. Patent and Trademark Office will grant you protection for your trademark in all forms of commerce within the United States and related goods and services. Plus, it will put others on notice of your use of the mark.
How Federal U.S. Trademarks Can Benefit Your Business
Trademarks are used to identify a company’s goods and services. It is important to trademark because it prevents other companies from using your trademark without consent, which gives you greater grounds to file a lawsuit.
A federal trademark registration is important. One reason is that you more easily win lawsuits against infringers if you have a federal registration of your trademark instead of just having state trademarks or common law trademarks. Another reason is that the courts that would hear your cases are farther away when you have a federal registration of your trademark, which means that you might get more damages and better remedies.
If you trademark your mark on the USPTO Principal Register there is constructive notice given to people who might try to use it. Searches for trademarked brands prevent unintended infringement. Even unintentional infringement is still actionable.
How to Avoid DIY Trademark Mistakes
The process of registering a trademark can be detailed and complicated. A trademark attorney will help guide you through the process from start to finish, and they’ll also conduct an exhaustive search for any other trademarks that might conflict with yours.
We always recommend against our clients trying to trademark on their own. There are many, many automated online trademark services that walk people through the application process without the advice of legal counsel. And honestly, we kind of love these services because the services are awful and drive a lot of business our way to clean up the mess.
We help you make the process as informed, organized, and efficient as possible, so you feel confident that your trademark will be a success from the beginning. We can contact you to guide you through all the options and explain why some of them are not good for businesses looking for a trademark.
Trademark or Copyright?
Trademarking protects the identity of a brand’s name. It’s a way to make sure that customers know they’re getting the real thing from you and it can also be used for advertising purposes.
Copyrights can be transferred without registration, but it offers legal protections and should be registered to help the owner fully recover compensation.
Examples of Trademark Needs in Memphis, 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 Arlington, or driving on Interstate 240, 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 Memphis, 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 Memphis and East Memphis, like the Memphis Grizzlies and the Memphis Tigers. 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.