Do you have a business? Be it a small, home business selling candles, to a large corporation, trademarks are anything that describe your brand. A trademark helps create brand recognition so that when people see your trademark, they immediately think of your business and the goods or services you sell.
So trademarks apply to logos (both names and symbols), slogans, words, sounds (like the MGM lion roar).
Like copyrights, thinking about what you want to create is not enough to get trademark protection. Unlike copyrights, your mark needs to be distinctive and in use in commerce or a marketplace.
The main thing you want to avoid when using your mark is the likelihood of confusion by your clients or customers to another mark that is already in industry. Is there a similarity to your brand? And is there a similarity to your goods or services? Notice we said similar. That other mark does not have to be exact; it can be similar.
How will you know what is similar and what is not? What is a conflicting mark? The answer is, of course, it depends. And it’s one of the reasons you would hire a lawyer to help you steer clear of possible fines, penalities, or legal action down the road. Plus, if you’ve invested so much into your brand, your company, your logo, you’ll want to do all you can to not have to change it because of a conflict.
Hiring an attorney to help you getting your mark registered and/or avoid issues with other businesses may be the most cost-effective thing you do.
What trademark legal services do we provide?
-Trademark preliminary clearances, search, analysis and risk assessment
– Trademark application/registration of the mark.
-Responses to office actions.
– Dealing with opposition, non-use, and infringement actions.
Contact Kubik Legal to set up a free 15-minute phone consultation for your trademark questions. Here’s how…