An ounce of prevention is worth a pound of cure. This has never been truer then when it comes to protecting your business and trademark law.
You spent countless hours crafting your business name and logo; creating the perfect brand, now before doing anything else, you need to protect it, you need to register it. Your business name, logo, and slogan should all be registered with the United States Patent and Trademark Office (“USPTO”).
Why Register Your Trademarks
Registering the trademark(s) of your brand provides the best protection against trademark infringement. Trademark infringement is the unauthorized use of your marks (name, logo, slogan) on the same or similar goods.
When an application is filed for a trademark registration with the USPTO the date of the filing becomes public record and from that point on the public is put on notice that you are using or intend to use that mark in relation to your goods/services.
Once your application has been approved and appears on the Register, it is now public information that you are the owner of that mark in relation to your goods/services, and no one else is permitted to use your mark (or a similar mark) in relation to the same or similar goods/services.
Once you have successfully registered your mark with the USPTO, you are entitled to enforce your mark in all 50 states, bring an infringement claim to Federal Court, and request damages. As a result of your trademark simply appearing on the Federal Register you have provided an excellent deterrent to would be infringers, because they now know that someone else owns the mark and any infringement could result in legal action.
In addition to providing access to the courts, by registering your trademark you are also gaining access to a more practical means of enforcement. As most goods and services are now advertised online through websites such as Etsy, Amazon, and Google, these companies have devised their own means to allow trademark owners to enforce their marks. If your mark is being infringed on an online platform, most companies have a system in which we can contact them and provide proof of registration, and they may assist in enforcing your mark by taking down the infringer's page or items.
Begin protecting your business today by registering your trademarks. O’Neill Tran Law is happy to assist, begin the process now by filling out the trademark form at www.oneilltranlaw.com or contact us at info@oneilltranlaw.com.