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Important Things to Know about Trademarks

Whether your business is newly formed or has been in business for a long time, it’s important to consider the benefits of intellectual property, in particular trademarks.

As a business, establishing a distinctive identity should be a priority, and intellectual property plays an important role. Most businesses tend to overlook trademarks and view this type of intellectual property protection as unnecessary. The benefits of intellectual property, in particular trademarks, far outweigh the costs.

A check mark, an apple, and two gold arches forming an “M.” All of these marks have become the identities of brands and businesses. You don’t even have to know the name of the brand to know that the “swoosh” mark is associated with Nike.

So, what can be trademarked? Any unique word, symbol, or name used to identify and distinguish the good or services. Trademarks help prevent consumer confusion and are an asset of your business.

Although common law trademark protection is an option, federal registration is preferred for many reasons. In order to obtain federal registration for a trademark, a trademark application must be filed with the United States Patent and Trademark Office. There are many benefits to obtaining federal registration for your trademark, such as evidence of ownership of the trademark and more rights and remedies if there is infringement of your trademark.

Once you’ve obtained a federal registration for your trademark, it will need to be maintained. Such maintenance includes renewing the registration and notifying the USPTO of any changes such as an assignment of the trademark.

Vogt, Resnick & Sherak assists its business clients with registering and protecting their intellectual property, which includes trademarks. If you have any questions regarding trademarks for your business, then please contact us.