Trademark Rights | Trademark Application | Registering a Trademark 

Should I register my trademark?

Business owners should know these important issues concerning Trademark rights, Trademark Applications and Trademark Registration?  

Businesses benefit from Trademark Registration, because it protects their investment of time and money in their Trademarks.

Before using a trademark, you should know if the trademark is available for your use.   If not, you could waste valuable time and money using the trademark, only to find out someone else has exclusive rights to use it.   In addition, you can protect your trademark from use by others in your industry or trade, etc.

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Why Trademarks Are Important.

Typically a trademark is a name, word or symbol that is used to distinguish the trademark owner's goods or services, from goods and services from other sources. Other examples of trademarks include: logo, graphic design, phrase, series of letters, set of numbers, three dimensional object, fragrance, distinctive design of container, series of sounds, a telephone number, distinctive combination of colors. Note that function is not protected as a trademark.

Trademark rules and laws come from  the principle each merchant has a right to the exclusive use of the merchant's trademarks that distinguish its goods or services from other merchants' goods or services.  

No registration is required for trademarks used in commerce, however, registration provides the presumption that the owner of the trademark registration has exclusive rights to use the mark in commerce for a particular purpose. Such a presumption is not easily overcome in legal disputes concerning trademarks.

First come, first serve, is the policy with trademarks. Whoever registers or uses a mark in commerce first, has the exclusive rights to that mark for the purpose(s) or in the industry.

In addition, trademark rights may also be registered based on an intention to use the mark in association with the services or goods, at a later time.

For more information about Trademarks, click here,


Consult a competent experienced Trademark Lawyer to discuss your specific situation.  Click here to schedule a consultation with Michelle DelMar, Esq., Trademark Lawyer.

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For more information about your trademark, click here to schedule a telephone consultation with Michelle.