Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including San Antonio.
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 Live Oak, or driving on Interstate 35, 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 San Antonio, 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 San Antonio and Universal City, like the San Antonio Spurs and the San Antonio Commanders. 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.
The Reasons You Need a Trademark
If a company doesn’t have a trademark or trademark pending, they cannot stop competitors from using it. For example, the owner of Happy Days toy store can’t stop someone else that’s running a nursery school with the same name from using it.
If a company wants to be the sole user of a trademark, they would need to register it with the United States Patent and Trademark Office. By registering the trademark, they will gain exclusive rights to use it in commerce. The company is then able to prevent other companies from using their trademark within their registered product class and related goods.
Learn About the Benefits of Federal Trademark Registration
Trademarks are a way to identify goods and services that originate from a specific company. They protect your product or business as you should be able to decide what is said about your product. Lawyers can use them to sue violators.
Registering your trademark federally is important because new federal cases of trademark infringement will be easier to win. Additionally, winning a federal case in court will grant additional damages that you could not have granted in a state court if used only state trademarks or common law trademarks.
Registering a trademark on the US Patent and Trademark Office’s Principal Register gives others constructive notice of your trademark. Registering prevents people from using the mark without your authorization, which is called unintentional infringement.
What Advantages Does Hiring a Trademark Attorney Offer?
You should hire a trademark lawyer to make sure your trademark is legally protected. It’s complicated and detailed so you need to get help from a lawyer. They will make sure this is done for you, and find out if there are any trademarks that would conflict with yours.
Most authors don’t feel comfortable securing their own trademark, considering there are many online services out there will walk customers through the process. The reason for this is because trademarks can be easily secured without legal counsel, but it’s not advised by most professionals to go down this route.
Our services help you avoid making a mess and make sure that your application is placed correctly the first time. Contact our office if you need guidance on what to do.
The Difference Between Trademark and Copyright Protection
Trademarking helps to protect a company’s identity and know where someone can find that type of product or service. It is mainly used for advertising purposes.
Copyright is a protection for the author which means nobody can use their work without permission, but they still own it. Copyright exists whether registered or not, but additional protections come with registration. It’s important to know the difference between a copyright and trademark so your company’s intellectual property rights are adequately protected.