What is a Trademark?
When you think of well-known companies like Google, Amazon, or Nike, what is the first thing that comes to mind? If it’s their logo, this is an excellent example of a trademark doing its job. This form of intellectual property protects a company for ten years.
A trademark is a word, symbol, phrase, or design that identifies your company’s goods or services. In other words, it sets you apart—visually—from your competition in the marketplace and offers legal protection for your products and services. A trademark can be used in marketing materials, signage, documents, etc.
One of the most common problems businesses face today is trademark infringement, when another company copies a trademark or uses a similar one. This can lead to lawsuits as trademark infringement damages a business’s bottom line.
Protect your business and avoid unnecessary financial losses due to copycats in the market. Contact our trademark attorneys to get started.
What is Trademark Infringement?
When a company uses another company’s trademark without consent or authorization in connection with its goods or services, this is considered trademark infringement. A typical example is attaching a famous brand to a generic product and passing it off as authentic.
This deceptive way of doing business affects consumers and businesses alike. Not only does abusing a trademark impact a company’s bottom line, but it also causes customer confusion and hinders a company’s product reputation in the market, which can cause sales issues.
Another example of trademark infringement, albeit more subtle, is when a company uses a similar trademark or name to brand and market its products. This is especially confusing in the online world, with so many brands competing for attention as it is. In doing this, companies can piggyback off a famous company’s brand reputation to drive sales.
If your business is a victim of trademark infringement, contact Fuller Law Practice and our team of experienced trademark attorneys for immediate business counsel and support: (702) 935-4144.
Is a Trademark the Same as a Copyright?
Trademarks and copyrights are often confused. A copyright is used to protect a person or company’s original work. There are different types of creative works that can be copyrighted according to findlaw.com, including:
- Literary works
- Musical works
- Dramatic works
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
A trademark, on the other hand, is helpful to protect your business name and logo if another company wants to use it. Both are forms of intellectual property and serve the purpose of protecting your company in the marketplace.
Is your business’s intellectual property vulnerable to abuse right now? Attorneys with Fuller Law Practice can help you file a copyright or trademark to prevent misuse and potential legal issues. Schedule a consultation with one of our attorneys to protect your business today.
Are There Different Types of Trademarks to Consider?
The purpose of a trademark is to distinguish yourself from other companies. The distinctiveness of the brand you choose will determine the degree of protection. There are four different types of trademarks to accomplish this, including:
- Coined marks: Also known as a “fanciful mark,” it is a made-up word. This could be your company’s name or a name explicitly designed for your product or service. An excellent example of this is Google.
- Arbitrary marks: An arbitrary mark comes from a dictionary word with no particular meaning about your business’s actual goods or services. An example of an arbitrary mark is Amazon.
- Suggestive marks: A suggestive mark is more subtle and only hints at some function of a product. Take, for example, Coppertone sunscreen or Netflix.
- Descriptive marks: There is little-to-no imagination or creativity with a descriptive mark as it generically describes the product or service.
Generic names or a generic trademark, such as “grocery store” or “gas station,” can never function as a trademark as these refer to a category and have no significance beyond a primary term and definition. As half the battle is the creative process in trademarking, we can help provide direction and legal guidance when choosing the best representation of your company.
Our trademark attorneys have experience in all aspects of business, including intellectual property and trademark law. When considering a trademark to differentiate and protect your business, think of Fuller Law Practice as your reliable legal business counsel.
Schedule a consultation to learn more about the different types of trademarks and how to preserve your business’ brand integrity: (702) 935-4144.
How Can a Trademark Attorney Help Me?
Research is involved in the trademark process and steps to filing a trademark with the United States Patent and Trademark Office. Our trademark attorneys can conduct an in-depth search to ensure no creative conflict with other companies and provide consultation on the design process when choosing the most robust logo, symbol, phrase, or design.
In addition to this, we can help in several other ways, including:
- Identifying the best trademark for your business
- Filing paperwork and managing the trademark process
- Trademark best practices
- Identifying potential disputes
- Represent you if another company uses your trademark without consent
- Hinder the damage to your business by proactively managing lawsuits on your behalf
- Representing you in court
- Minimizing your time and financial resources
From trademark research to due diligence to legal representation, Fuller Law Practice can coordinate and facilitate the trademark process for your business and help you understand and pursue your rights as a business regarding trademark law.
Book an initial consultation with Fuller Law Practice and receive a business review from one of our experienced trademark attorneys. Contact us or schedule a call: (702) 935-4144.