Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Arizona.
How Trademarks Protect Businesses
A trademark is a word, phrase, logo, or other symbol that distinguishes one company’s goods from those of another. If a business does not have a trademark that is used in commerce, it can’t have exclusive rights to the mark and will be unable to stop competitors from using it. For example, if someone creates the name ‘Happy Days’ for a nursery school and starts using it for their businesses, the owner of the Happy Days toy store cannot stop them from doing so.
The United States Patent and Trademark office gives you the exclusive rights to use a trademark and prevent others from using it. Registering your trademark would mean that you have full ownership of it and can stop others from using it.
How to secure a Federal US Trademark
Trademarks are used to identify that something is coming from a specific company. They can be used the same way someone might use their logo. Trademarking is important in order to prevent someone else from using your trademark without your permission.
One important reason to have a federal trademark is because it may help you win infringment cases against other brands. But, another important reason is that you can bring your infringement case to a federal court (instead of just state courts) and this means you could get more damages awarded.
When you register a trademark on the USPTO Principal Register, it is publicly available for anyone to reference. This prevents other people from accidentally using your trademark with desired results. Even if someone were to infringe on your trademark, you are entitled to seek legal action and remedies.
Important Reasons to Hire a Trademark Attorney
You should hire a trademark attorney as they are best placed to prevent any potential issues with your trademark.
We advise against trademarking your company’s name if you can’t get a patent. And even when it’s not automated services, they are incompetent and need to be cleaned up.
We pride ourselves on doing things right the first time, and can help you with positioning your application and not submitting an application at all, if your mark is registered by somebody else.
What is the Difference Between Trademark and Copyright?
Trademarking protects a company’s identity, like the company’s name or the product name. It is mainly used for advertising purposes to show customers who owns what they are selling. A trademark also guarantees that person looking for that product knows where to find it.
With a copyright, the author/artist is protected, so someone can’t use their work without permission. However, it’s important to register your copyright because additional protections come with registering. It’s important to know the difference between trademarks and copyrights so your company’s intellectual property rights are protected.
Examples of Trademark Needs in Phoenix, Arizona
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 Scottsdale, or driving on Interstate 10, 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 Gilbert, 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 Phoenix and Fountain Hills, like the Phoenix Suns and the Arizona Cardinals. 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.