Trademarks are one area of law that all small businesses need to consider when starting up. Trademarks are not the same as a corporate name filed with a state. Trademarks are not the same as internet domain names. Trademarks are not just a logo.
Trademarks are ANY word, phrase, or image/logo that is used to designate a business as the SOURCE of goods or services. Trademarks are obtained under state law by using the mark in a geographic area. Trademarks are also obtained under federal law by obtaining a registration from the U.S. Trademark Office for use in interstate commerce. Selling goods and services over the Internet satisfies the requirement of use in interstate commerce.
Trademarks are relatively inexpensive with a filing fee of $350/class of goods or services for each mark. As long as the proposed mark is not likely to confuse consumers with an existing mark on similar goods/services, the U.S. Trademark Office will permit a mark to be registered. A straightforward search of use by others is recommended before an application for a trademark registration is filed.
The decision by the Trademark Office to register a mark is typically 6 months to a first determination with the process taking less than a year in total. The application may be filed before a business begins using the mark with registration available only after use has occurred.
Once obtained, a registered mark prevents others from using a similar mark on the same goods/services in all U.S. territories for as long as the mark remains in use. A trademark may become one of a business’ most valuable asset. As such, all businesses should routinely consider whether an application should be filed.
Like many areas of business, failure to act to protect a trademark can be an expensive situation to remedy. Too often, businesses learn the needs for perfecting trademarks through these expensive mistakes. Discussing your trademark needs with Gregson IP Law or other legal advisors may be time and money well spent.
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