Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including California.
An Insight into the Importance of Trademarks
If a company’s brand has not yet been created, it cannot stop competitors from copying their name. If someone uses ‘Happy Days’ as the name for their business, the owner of the Happy Days toy store can’t stop them from making use of their mark.
They would need to register the mark with the United States Patent and Trademark Office in order to ensure exclusive rights over it throughout the country and prevent others from using it. It also puts others on notice that you are using the trademark. Registering a trademark with the USPTO protects a mark for the entire United States in a specific international class of goods and services.
How to use Federal US Trademarks
A Trademark is a word, logo, symbol or other device that identifies and distinguishes the goods and services of one business from those of others in the same field. They are used the same way it might be used by someone to recognize their company names or logos.
A trademark is important for two reasons. It is easier to win a case against infringers if you have a federal trademark instead of only state trademarks or common-law trademarks. Secondly, you can sue in an federal court for damages and increased remedies.
By registering a trademark on the USPTO Principal Register, others gain constructive notice that their businesses are infringing on your mark. Conducting such a search prevents you from getting into legal trouble, because there is no missing the mark.
Why You Should Hire A Trademark Attorney & Avoid DIY
To be sure your mark is legally protected, you should hire a trademark attorney. The process of registration can be complicated, each step requiring careful attention to detail. A trademark attorney will help guide you through the steps from start to finish, ensuring that your materials are unique and not duplicative of other brands using similar language and designs.
We recommend to not attempt to trademark a brand on your own. There are many, many automated services that walk you through the trademark application process without professional legal counsel. We like these services because they are terrible and drive a lot of work our way to help clean up their messes.
We are confident that you will know how to best use your trademark, so we encourage you to reach out for advice. Sometimes it’s better not applying for a trademark if someone else has already registered the same name.
What is the difference between Trademark and Copyright?
Trademarks are used to protect a brand’s identity, like a company logo or product name. It’s also used to prove that the company owns what they’re selling. Trademarks are mostly used for advertisement purposes, so someone will know who to go to if they want that specific product.
As an author, you have the right to protect your work and keep it as a private asset without permission. Copyright protection also exists without registration, but there are more protections in place when you do register with the copyright office. If you don’t know the difference between trademarks and copyrights, then your intellectual property rights might not be adequately protected.
What is the Difference Between Trademark and Copyright?
Trademarking is a process of protecting the company’s right to use their own name and what they sell, like a product’s name. It helps customers know where to go if they want the product that this company sells.
In a copyright, no one can use your work without your permission. The author or artist still owns the copyright. It’s important to know the difference between a trademark and a copyright so that your company has adequate protection for its intellectual property rights.
Examples of Trademark Needs in Stockton, 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 French Camp, or driving on Interstate 5, 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 Stockton, 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 Stockton and Gillis, like the Stockton Heat and the Stockton Kings. 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.