Brian Russ Law, Inc. provides trademark registration services for clients in all 50 states, including New York.
Protect your Business with the Help of a Trademark
Trademark law lets entrepreneurs create labels that allow them to distinguish themselves from competitors. If someone has a trademark and is using it in commerce, they can stop others from using their trademark. However, if the person does not yet have a trademark and is just starting their own business, they cannot stop other companies from creating one.
In order to register a trademark so no other company can use it, you need to go the US Patent and Trademark Office. Registering a trademark will keep any company from using it, and also allows the company to know that they are claiming the trademark.
How Federal US Trademarks Can Help You
Trademarks are used to identify a product as a trademark of the company. They maintain the exclusivity and control of the company by preventing others from using it, creating legal grounds for the company to sue.
It is much easier to win a case against an infringing party if you have federal trademarks, rather than not having any. Not only can you sue for damages in federal court, but you may also receive additional damages and more remedies.
Others are much less likely to infringe on your property when they know it is protected as a trademark, because they will do a search. Registering a patent helps you by starting the process of receiving constructive notice before someone else can use it.
A Beginner’s Guide to Hiring a Trademark Attorney
To protect your trademark, you need to hire a trademark attorney. The process can be complicated and detailed but a trademark attorney will help guide you through the steps. They will also complete the application for you and do an extensive search for similar trademarks to make sure your trademark is exclusively yours.
We advise our clients not to trademark without the advice of legal counsel. But any business can easily do it with an automated service, which we don’t recommend since they are hard to follow and often result in mistakes. This drives a lot of clients our way because we cleanup the mess.
Don’t hesitate, reach out to our office and we can help you with your application. Sometimes it’s better not to apply for a trademark if someone else has already registered it.
A Few Differences Between Trademark and Copyright
Trademarking is used to protect a company’s identity and ensure that they are the sole responsible party if something goes wrong. It is also more often used in the advertising process so customers know who to contact for that specific product.
A copyright is a protection for an author or artist that means no one can use their work without permission. A copyright exists whether registered or not, but the creator still owns it. It’s important to understand what a trademark and a copyright are in order to keep your company’s intellectual property rights protected.
Examples of Trademark Needs in Troy, New York
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 Waterford, or driving on US 4, 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 Troy, that somebody two states over isn’t going to steal your idea and name and do the same business.