A trademark offers legal protection for a logo, design, or phrase important for your branding, marketing, or advertising. Depending on the circumstances, owning that trademark may prohibit or limit others from using it.
Trademark issues fall under intellectual property (IP) law. IP refers to something created, like inventions, artistic and literary works, symbols, designs, names, and images used in commerce. IP law enables people and businesses to earn recognition and financial benefits from their creations. Below, our friends at Focus Law LA discuss the strategic advantages of trademarks and how they protect and enhance your business in the competitive market.
What Is A Trademark?
Generally, producers and sellers use trademarks to identify their goods. The following may be registered as trademarks:
- Words
- Phrases
- Symbols
- Logos
- Shapes
- Sounds
- Fragrances
- Colors
Subject to some limitations, almost any device, name, word, or symbol capable of differentiating the source of goods may be a trademark. Whatever it is, it must be used in commerce and be distinctive.
What Is A Service Mark?
Service marks identify and distinguish the services provided by an individual or organization. They and trademarks serve the same purpose and function in essentially the same way, but a service mark identifies the service’s source rather than goods. “Service” applies to services rendered to others, not those benefiting the performer.
How Do Trademarks And Service Marks Help Businesses?
Depending on how you use your service or trademark, it can help you tell your brand’s story and defend your place in the market. A trademark may be instantly recognizable without using language. Trademark protection may prevent your competitors from using it and stealing your customers.
Your brand creates a unique presence for consumers and could be one of your most valuable assets. Many consumers are conscious of and loyal to brands they think provide them with what they want. Some are so loyal that they may see a brand as part of who they are, what they believe in, and what they strive for. This may not only help you with sales but also attract job candidates.
If you’re registered for service or trademark rights with the U.S. Patent and Trademark Office, you have trademark protection for ten years after registering. This can be renewed every ten years, potentially indefinitely. You may have some legal rights and protections without registering, but failing to do so makes enforcing your rights more difficult.
By registering your service or trademark, you can:
- Notify the public about it
- Use your mark to distribute your services nationally
- File a legal action in federal court against others using it without permission for infringement
- Obtain your service or trademark in other countries and
- Prevent unauthorized copies of your goods from entering the country
Registration gives you a legal right to use your trademark and restrict others from doing so, but you must take those actions. It’s not something that a court or government agency will do on its own.
If you have questions about services or trademarks, contact a business litigation lawyer with experience with intellectual property rights and the different protection methods.