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What is a trademark?

Wednesday, August 5th, 2009

I receive many inquiries regarding what a trademark actually is and what it protects. As your attorney, I will provide you with a comprehensive definition of a trademark as well as answer any questions you may have pertaining to the trademark registration process.

Generally speaking, a trademark is a word, symbol, device or name that identifies the source of a good or service. Therefore, your trademark could be just a name, or it could be a logo, a slogan, or “tagline.” More recently, trademark law has expanded to the point where you can even register a particular smell as a trademark. At the very core, a trademark is used to associate a good or service with a particular company. Trademarks are intended to prevent consumer confusion by immediately distinguishing the producer of a good or service.

In order to assist you in completing a successful trademark application that will not be denied by the USPTO, I will utilize our trademark search software to search for any existing marks that may potentially conflict with yours. If such a conflict arises, I will offer my legal advice to you as an attorney on the risks involved in proceeding with your particular application or what you may need to change about your mark to avoid an infringement issue.

In addition to receiving questions about trademarks, I often receive many inquiries concerning patents and copyrights. While all three may appear similar, there are important distinctions that exist between each. As previously stated, a trademark protects an identifier of a good or service. Patents, on the other hand, protect ideas like inventions. Lastly, a copyright protects original works that are typically placed in the following categories: literature, dramatic, musical, artistic, and intellectual. Therefore, the content of a book is protected by copyright law while the name of a series of books (e.g. Harry Potter) would be protected by trademark law.

Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036

(p) 202.294.2287
(f) 202.315.3386

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Should I trademark my logo?

Monday, June 8th, 2009

If you are considering whether or not to trademark a logo you should contact a trademark attorney. While obtaining a trademark on a logo is certainly helpful, you could be setting yourself up for a large trademark problem in the future.

The reason potential danger is afoot when you trademark a logo is that many individuals are under the impression that they can trademark a logo and trademark a name in the same trademark application. For example, if your logo and name are one in the same, many individuals suspect they only have to make one trademark filing. The problem with only making one filing is that if your logo were to ever change (i.e. you went through a re-branding in the future) you could actually lose the trademark rights in your name as well.

The reason for this is that trademarks have a use requirement. If you do not use a trademark someone else can petition the trademark office to have your trademark canceled. This means that if you “re-brand” and ever discontinue the exact use of the logo that you filed as a trademark, the entire trademark could be canceled. Therefore, the name that was a part of the trademark filing would also be canceled, which would open the door for someone else to register the same or similar name as a trademark.

The best advise when it comes to obtaining a trademark on a logo is to file two trademark applications. File one application to trademark your logo and a second application to trademark your name. This will ensure that your trademark name is always protected even if your logo changes in the future.

For more information on how to trademark a logo, click on the link below.

Tags: register a trademark, registering trademarks, trademark a logo, trademark a name, trademark application, trademark registration, trademark registration process
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Why choose a comprehensive Trademark Search and Filing Package?

Friday, May 29th, 2009

Many clients call to ask me what is the best trademark search and filing package available to protect their trademark. When trademarking a name or logo I always recommend that clients choose our comprehensive trademark search and filing package. This is because a comprehensive trademark search and filing package is the only package that can provide a true legal clearance of a trademark.

A comprehensive trademark search and filing package includes not only a search of federal trademark filings to ensure no one else has filed for a federal trademark, but also includes a search of each state’s trademark database and a search of all unregistered use of the proposed trademark. The reason this comprehensive trademark search and filing package is so important is that if anyone else had made a state trademark filing or simply had used my client’s proposed trademark in commerce (i.e. common law use of the trademark) prior to the filing date of my client’s trademark with the United States Patent and Trademark Office, this individual or company would have the right to keep my client from using the trademark in the geographic region in which the trademark was being used prior to my client’s federal trademark filing. This could severely limit my client’s ability to use their trademark as they desire.

Therefore, it is only a comprehensive trademark search and filing package that can give full legal clearance for use of a trademark. If a client elects only to conduct a federal trademark search on their trademark they may not know about a state registration or common law use of their proposed trademark which could limit their trademark rights.

For more information on Gerben Law Firm’s comprehensive trademark search and filing package please contact Attorney Josh Gerben at (202) 294-2287.

Tags: application for trademark, register us trademark, searching for a trademark, trademark a logo, trademark a name, trademark registration process, trademark search, us trademark registration, us trademark search
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Posts Tagged ‘trademark a logo’

What is a trademark?

Should I trademark my logo?

Why choose a comprehensive Trademark Search and Filing Package?

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