Should I register my trademark?
Are you wondering if your business is big enough to benefit from the protection of Trademark Registration?
If you are investing your time and money in your business, the answer is likely, yes. Most businesses that I represent, benefit from Trademark Registration, because it protects their investment of time and money.
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 likely benefit from obtaining trademark registration, to protect your trademark from use by others in your industry or trade.
*Analogy: It’s like investing in a piece of real estate without checking to see who owns it first, and then obtaining a deed in your name, but not registering/filing the deed with the Registry. If someone else claims rights to that property later, and their deed is filed before your deed, you can imagine that it will be very difficult and costly to resolve the situation.
Consult a competent experienced Trademark Lawyer to discuss your specific situation. Click here to schedule a consultation with Michelle L. Grenier, Esq., Trademark Lawyer.
Copyright (c) 2011-2012 Michelle L. Grenier, Esq. All rights reserved.
Tags: trademark registration, intellectual property rights, trademark, trademark lawyer, trademark law, trademarks, intellectual property, trademark attorney, Intellectual Property agreement, license trademark, license intellectual property
WHAT IS A TRADEMARK?
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 your trademark, click here to schedule a telephone consultation with Michelle.