Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including Texas.
Examples of Trademark Needs in Sugar Land, Texas
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 Sugar Land, or driving on Interstate 69, 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 Telfair, 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 Lake Pointe and Telfair, like the Sugarland Skeeters. 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.
What You Should Know about Trademarks
If a company does not have a trademark, it will not be able to stop competitors from using the same mark. For example, if someone has registered the name Happy Days for a nursery school and starts using it for their business, the owner of the Happy Days toy store will not be able to stop them.
Registering a trademark with the United States Patent and Trademark Office gives you exclusive rights to use it as well as prevents others from using it. It also puts others on notice that you are using the mark.
How a Federal Trademark can Help your Business
Trademarks are used to identify the source of products or services. It is important because it prevents others from using your trademark without consent. Trademarking gives you greater grounds to file a lawsuit against them if they do so without consent.
A federal trademark registration can be a more powerful tool to use when there are trademark infringements. Not only are you able to get state filings, but if an infringing company is not registered on the federal level, they cannot also claim damages against you.
The other advantage is that registering a trademark on the USPTO Prinicpal Register will give other’s constructive notice of your trademark. Users of trademarks are expected to search the Prinicpal Register before using the trademark. Conducting such a search prevents unintentional infringement.
Avoid DIY Trademark Filing And Hire A Pro
You should hire a trademark attorney to protect your company’s mark. The application process can be complex, but an experienced lawyer will help guide you through the process. They will complete the application for you, as well as conduct an extensive search for any other marks that might conflict with yours.
We recommend that clients do not try to secure a trademark themselves and instead use automated services to get them started. These services usually walk you through the process without any legal advice, and they are definitely awful (and they bring business our way).
We pride ourselves on not making a mess and ensuring your application will be successful the first time. Reach out to our office for advice on positioning your application or whether to apply at all. We can tell you if it’s better not to apply since somebody else registered your mark, too.
Key Differences Between Trademark and Copyright
A trademark protects the owner’s identity. They are also used to help customers know where to go if they want a product that is owned by that company and to advertise who they are.
Copyrights protect the work of an author or artist. Copyright belongs to the author because it was created by them, but copyright can be transferred. Copyrights exist whether registered or not, but additional protections come with registration.