Trademarks: Not Just For Big Business

Trademarks can be any word, phrase, symbol, or design (or any combination of those) that distinguishes a good or service from its competitors and potential competitors in the mind of consumers. Trademarks can carry high levels of value, such as Coke or Apple, but even less well-known trademarks can carry significant value for their owners.

The sources of trademark law are a combination of federal statute and state law, and that creates a complex system of rights and procedures that must be followed to secure those rights. Failure to do so can lead to sacrificing the goodwill that your company has earned through advertising and good business practices.

Good application of trademark law starts from the organization of your business. A qualified trademark attorney will research the name and logo of your proposed company, as well as the product or service your company will offer by running those items against state and federal trademark registers. Additionally, a trademark attorney will search for other business entities using a similar name or logo unregistered. They will then present you with the options available to protect your company from potential trademark infringement in the future and from lawsuits for unintentional infringement on your part.

Existing companies that have never registered are also encouraged to engage the services of a trademark attorney who can assist in ensuring that you are not committing infringement in your business and that you protect your good name against possible infringers in the future.

A qualified trademark attorney will help you properly classify your goods or services, conduct a thorough search of all registered and unregistered users of similar marks, and help you navigate the complex and potentially lengthy process of protecting your company with proper registration. Contact the business attorneys at McNeelyLaw LLP to protect your business from trademark infringement and from suits for unintentional infringement against others.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.