A company’s name, logo, and slogan are among its most valuable
assets. Protecting these assets is a complex process, but it is
definitely worth the time and expense involved. Acquiring federal
trademark registrations for brand names and logos protects the
company’s interests and ensures that the solid reputation they have
built for themselves is not eroded through the bad faith efforts of
a competitor.
Trademark applications are most often filed by an attorney
practicing in the field of intellectual property. Such an attorney
has access to databases and information resources that can be
utilized to research other marks before an application is filed.
The search which is conducted before filing is a vital part of the
process. A company may be considering several different names or
logos. Before deciding on one, the executives should ask their
attorney to conduct a search for other similar trademarks. The
attorney may find that one of the proposed trademarks is similar,
or even identical to, an already registered trademark. If so, then
it’s a good idea for the company to choose a different trademark
which is unique enough to be distinctive in the marketplace. This
distinctiveness prevents confusion among consumers.
A trademark is essentially a source identifier. It tells
consumers who made a particular product. Problems arise when two
similar products also bear similar trademarks. Perhaps one is a
cheap knock-off of the original. In this case, the maker of the
original product may want to sue the maker of the copy for
trademark infringement.
In order to have the right to do so, the maker of the original
product needs to file a trademark application with the United
States Patent and Trademark Office. Most trademark applications are
submitted via the trademark office website, which makes for quick
and efficient processing. A form including information about the
mark, its owner, and the goods or services on which the mark will
be used, is completed and submitted to be examined.
An attorney at the trademark office examines the trademark
application to determine the mark’s registrability. If the mark is
distinctive and unlike other marks already registered, then the
trademark application can be approved. Before the trademark
application can mature into a registration, the mark must be used
in interstate commerce on all the goods or services listed in the
application. The owner demonstrates use, pays the necessary fees,
and then their mark is federally protected.
