So you’ve got your product, financing and mission statement solidified and you’re prepared to set up the “open for business” sign. Here is the time to consult with a trademark attorney to secure your business’s name and to really make it bullet proof against infringement.
You’ll find out that trademarks are divided into four categories: descriptive, suggestive, fanciful and arbitrary, and range in strength of protection from weakest to strongest, in that order. A descriptive name (SUPER GLUE), supposing it is approved to begin with, can seldom be defended until it has been associated with a product for no less than 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 company name that is both available and distinctive; making sure it can be listed 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 commonly used 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 common usage.
The registration process has been refined in the last few years through the establishment of the Trademark Electronic Application System (TEAS) that enables companies to apply for trademarks online and for less cash than the standard methods require.
When your trademark has been registered with USPTO, it is guarded by laws, but it is up to you, as the business owner, to guard it from usurpation. It takes eternal vigilance, specifically in light of the growing incursions of the internet and social networks. A simple, although not foolproof method to indicate ownership is to position a ™ or (r) next to the company name. You may use the former anytime, but it is unlawful to use the circled “R” before the trademark has been actually registered. If you do discover a violation, it is crucial that you contact a trademark infringement lawyer right away to put a stop to the use of your mark.
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Stephen Daniels is an acclaimed internet marketing strategist. For a professional intellectual property attorney in New York, he recommends Baker and Rannells, PA. With more than 63 years of experience, their work both in the U.S. and internationally has helped guide their courteous, honest services for businesses of any size.