A Trademark Attorney Can Ensure Your Trademark is Defensible
So you’ve got your products, financing and mission statement solidified and you’re prepared to put up the “open for business” sign. Here is the time to consult with a trademark attorney to secure your company’s name and to really make it bullet proof against infringement.
You will see that trademarks are divided into four groups: descriptive, suggestive, fanciful and arbitrary, and range in strength of protection from weakest to strongest, in this order. A descriptive name (SUPER GLUE), assuming it is accepted from the beginning, can seldom be defended until it has been associated with a product for at least five years. Fanciful (EXXON, KODAK) and arbitrary (APPLE, when used for computers, not fruit) are the most protectable, while suggestive (JAGUAR, PLAYBOY) names lie somewhere in the middle.
A dependable trademark registration lawyer will help you choose a name that is both available and unique; making sure it can be registered with the United States Patent and Trademark Office (USPTO). A fifth category, generic (aspirin), cannot be registered as a trademark, although some very successful trademarks have become generic through wide usage and recognition. The newest instance of this phenomenon is “Google”, which went from trademark to verb in less than five years and has become impossible to safeguard from widespread usage.
The registration process has been refined in the last few years through the establishment of the Trademark Electronic Application System (TEAS) which allows businesses to apply for trademarks on the internet and for less money than the conventional methods require.
When your trademark has become registered with USPTO, it is guarded by law, but it is up to you, as the business owner, to protect it from usurpation. It takes eternal vigilance, especially in light of the growing incursions of the web and social networks. A simple, although not foolproof method to suggest ownership is to place a ™ or (r) next to the name. You may well use the former anytime, but it is unlawful to use the circled “R” before the trademark has been truly registered. If you do come across a violation, it is crucial that you get in touch with a trademark infringement lawyer immediately to put a halt to the use of your mark.
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Stephen Daniels is an acclaimed internet marketing strategist. For an trademark infringement lawyer in New York, he recommends Baker and Rannells, PA. For over 63 years, their experts have provided businesses of all sizes with honest, courteous service.
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