Trademark Attorney for Wilmington, Delaware

Examples of Trademark Needs in Wilmington, Delaware

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 Wilmington, or driving on Interstate 95, 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 Hilltop, 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 Wilmington and Landlith, like the Wilmington Blue Rocks. 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.

How a Trademark Attorney Can Help You With All of Your Trademark Needs

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 will not be able to have exclusive rights to the mark and will not be able to stop 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 cannot stop them from doing so.

Registering a trademark can be done by the United States Patent and Trademark Office to protect your trademark in commerce and prohibits others from using it. Protecting your mark with them can also put other people on notice that you are using your trademark and any related goods or services.

What Brian Russ, Delaware Trademark Attorney, Does to Help Local Businesses Grow

Trademarks are essentially logos representing a company’s brand. It allows organizations to identify their products and protect them from competitors who may want to steal the ideas or make use of them without authorization.

A federal trademark is necessary because it’s easier to win a case against infringer if you have federal trademarks, rather than state trademarks. It’s also more secure because you can sue for damages in a federal court instead of only state court.

The other benefit is that it gives constructive notice to others of your trademark. A search would prevent unintentional infringement, which is still actionable infringement.

Why You Should Use a Trademark Lawyer Like Brian Russ and Avoid DIY

To legally register your trademark, hire a trademark attorney to guide you through the process. The lawyer will complete the registration for you and search for any conflicting trademarks that might exist.

We generally recommend against clients applying for trademarks on their own because there are online services that walk people through the process without the help of a lawyer. And, honestly, we sometimes love these services, because all they do is send people to us when their applications get rejected.

We will help you get it right the first time to avoid dealing with a mess. For the best chance, you can work with us or not apply all together if your mark is already registered.

A Trademark Attorney in Wilmington, Delaware

Trademarks are used primarily as a form of advertising, in order to tell customers who they can buy the product from. This ensures that the company is making money from the trademark and is able to maintain their identity.

The legal protection for content creators is the copyright. The person who created the work owns it and can only allow others to use it with their permission, but they still own it even if they didn’t copyright it. It is important to know the difference between copyrights and trademarks with intellectual property rights so that your company is adequately protected.

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