What Is Protected by the Trademark Law?

November 27, 2022

 

When you have your own business, logo, slogan, or intellectual idea, it should be trademarked to protect it. As trademark law can get confusing, a trademark attorney can help you secure your product or service’s identity.

 

What is a Trademark?

Looking at big brands, you probably know a trademark when you see one. These are recognizable words like a slogan, a logo, or a combination of the two that distinguishes it from other similar brands. With a trademark, you can protect your intellectual property.

These trademarks can appear on the products themselves or the packaging that contains them. Trademarks are widely used on business websites and are classified as a word mark or design mark.

 

What Does Having a Trademark Protect?

A trademark protects your product or service from infringement by another company. It can also protect your reputation. When you have a trademark, you have full legal recourse to sue another business or entrepreneur that uses your brand’s likeness to further their business pursuits.

Trademarks are used in words, phrases, designs, symbols, or combinations to bring identity to a particular product. Consumers see this trademarked item and know it’s yours.

Service marks work the same way but protect your intellectual property or the service you provide. Whether trademarks or service marks, they both protect your business, whether they’re registered or unregistered.

 

Why Is It Important to Have a Trademark?

 

Since a trademark provides infringement protection, you need something that can be easily identified. It defines your business and goes beyond that to give long-term value in building brand recognition. The more iconic the trademark, the better it will be.

Being specific in constructing your brand identity means that people will know it’s your brand instantly. It’s obvious with bigger brands like McDonald’s and Starbucks, for example. However, even if your business isn’t a global entity, it can still benefit from having a trademark to protect your brand identity in any market segment.

 

Why You Should Think About Trademarking Your Business

To safeguard your business, you should register with the U.S. Patent and Trademark Office. Doing so will give you an edge in any legal situation, allowing you to claim the trademark before anyone else.

You’ll have nationwide rights to use your trademark on your goods and services exclusively. The process isn’t all that simple. It can be incredibly complicated, so it’s recommended to choose an experienced trademark attorney to help you navigate the process.

 

Protecting Your Trademark

As you cement your business or idea into the world, protecting your trademark is an important step. Ideally, before designing it, you should ensure that it’s different from other trademarked items. You should be sure it’s distinctive in style and font.

Once you have established that, you should keep an eye out for any other companies that are using your trademark. Registering your trademark can help you have a case against others that try to use it. You will want to use TM or SM to let others know you have claimed the name.

 

What to Know About Michigan Trademark Registration

In the state of Michigan, it can also benefit you to get a state trademark registration rather than one on the federal level. When a federal trademark search is performed, and you have a low probability of getting a federal trademark due to previously registered trademarks, you could still get one on the state level.

A state trademark is also a great option if you only plan to conduct business in this state. Doing this is much easier with a trademark attorney to assist you every step of the way.

 

How a Trademark Lawyer Can Help

When you have a business or intellectual property you want to protect with a trademark, it makes sense to get expert assistance. You may know your business inside and out, but an attorney experienced with trademarking knows all the details about obtaining this essential registration.

You’ll have a better chance of getting the results you want with your trademark when you rely on this expert guidance. As the process is a complicated one, you want to give your brand the best start by getting your trademark right.

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