Managing Attorney
Businesses use trademarks to maintain the integrity of their brands by acquiring intellectual property rights protection to the words, symbols, and other designs that distinguish their products and services from others. If you’re a business owner, you already know the importance of securing your reputation and preventing others from capitalizing on or diluting it. You therefore cannot do without having robust trademark protection.
It begins with registering your trademark and adopting strategies to protect it. With the right legal team by your side, you can confidently conduct your business knowing that your intellectual assets are safeguarded. Count on the Houston business law firm of Capstone Legal Strategies.
What Is Trademark Registration?
Trademark registration with the United States Patent and Trademark Office (USPTO) is necessary to establish federal protection of your unique mark. However, before filling out the forms and submitting your registration, you must ensure that the mark is indeed unique. Certain marks, for instance, are too generic to warrant trademark protection because they can potentially be associated with any number of businesses.
In other situations, the mark is likely to create confusion among consumers, which is the opposite of why trademarks exist. In still other cases, someone else is already using the design or logo that you wish to register. Before registering, you should speak with our firm for legal guidance.
How Do I Register a Trademark?
Assuming your trademark qualifies for registration, you will need to identify the following elements:
- Trademark format: Is your trademark a standard character, a stylized logo or design (also known as a special form mark), or a sound mark?
- The goods or services: Which goods or services will be associated with the mark you wish to register?
- The filing basis: An applicant has four possible bases for their filing (each with their own legal requirements), which are use in commerce, intent-to-use, foreign registration, and foreign application.
You will then need to file your application online, pay the necessary fees, monitor the status of your application, make sure all deadlines are met, and keep your contact information updated. An attorney can assist with these and other requirements.
What Are the Benefits of Trademark Registration?
The advantages of federal trademark registration cannot be overstated. They include:
- Notice: Registration places your trademark in the federal database of registered and pending trademarks, which thereby provides notice to anyone else wishing to use the same or a similar mark. This reduces the chances of trademark infringement and brand dilution.
- Legal presumption: Registration gives the trademark owner a legal presumption that they own the mark and have the right to use it. This enables the owner to bring a federal lawsuit to enforce their mark if necessary.
- National and international rights: Your registered trademark protects your intellectual property rights on a nationwide basis, can help prevent the importation of counterfeit and infringing goods into the country, and can serve as a basis for foreign registration.
Other Strategies To Protect Your Trademark
Besides registering your trademark, you should take the following measures to protect it:
- Choose a strong trademark: The more creative and unique your mark, the less likely it will be confused with others, the more likely it will be registered, and the easier it will be to enforce it against infringement.
- Monitor your trademark: The USPTO only registers trademarks; monitoring them is up to the owners. Monitor new trademark filings and take action if someone is attempting to register a similar mark which may cause confusion.
- Maintain your trademark: You must file periodic maintenance documents to keep your trademark active and enforceable. Speak with an attorney about this so you don’t lose your mark and damage your brand reputation in the process.
Work With an Experienced Texas Business Law Attorney
From filing to enforcing your mark, and everything in between, it helps to have knowledgeable counsel in your corner. Your mark matters, so you want a law firm that isn’t afraid to take the legal action necessary to register and protect it. That’s where Capstone Legal Strategies comes in. To learn more, reach out to us today.