Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Minnesota.
Examples of Trademark Needs in St. Paul, Minnesota
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 St. Paul, or driving on Interstate 94, 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 Bethel, 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 Falcon Heights and Bethel, like the Minnesota Moose and the St. Paul Vulcans. 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 Importance of Trademarks and Preventing Infringement
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 cannot use the mark exclusively and cannot prevent 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 can’t stop them from doing so.
When you register a mark with the United States Patent and Trademark Office, it provides exclusive rights to your trademark, preventing others from using it in commerce. The government agency generates registration certificates for trademarks in certain international classes, including goods and services, which notify others of your status as the owner of that registered trademark.
What are the Benefits of Obtaining U.S. Rights in a Trademark?
Trademarks are used to identify a company’s goods and services. They are the same as logos which, when trademarked, can be used to preserve ownership of your trademark. Trademarking is important because it prevents others from using your trademark without giving them your consent.
Trademark registration is important for two reasons: One, you’re able to more easily defend your trademark rights against infringement. And two, you are able to file cases in a federal court instead of state court.
Registering a trademark is a great way to prevent possible infringement issues. Searching for trademarks is the first step in trademark research. When others use this search and find your mark, they will be aware of its existence and may not use it.
The Benefits of Hiring a Trademark Attorney
You should hire a trademark attorney to make sure your trademark is legally protected. Registering trademarks can be complicated, but an attorney will take care of the application process and any conflicting marks that may exist.
We don’t recommend an individual to go through the process of securing a trademark on their own. They would need to hire a lawyer for advice, which is very expensive. Auto-services exist that do the work without advising from lawyers, but these services can be difficult and may lead to more costly legal proceedings.
We always make sure we help you do it right the first and avoid problems in the future. Reach out or contact us, and we can advise you about how to best position your application for trademarking.
What is the Difference between Trademark and Copyright?
Trademarking protects a brand’s identity, such as the company name or product name. It is also mainly used for advertisement purposes, so that customers will know who to go to when they want that specific product.
Copyright is a law that ensures no one can use someone else’s work without permission, but the creator still owns it. This type of law protects the author or artist from copyright infringement. As a business owner, you should know the difference between copyright and trademarks because if you don’t protect your company’s intellectual property, someone else will.