Tag: Trademark

Trademark v Service Mark: Do I Need Both?

Intellectual property can be so confusing that many of us struggle to understand the delineation between the trademark, copyright, or patent, and all the different applications, registrations, and approvals that must be met simply to protect our branding mechanisms, our work, and our ‘artistic expressions,’ often which may have great value. The choices—and the process for registering can be complicated, which is why you should consult with an experienced attorney from the Bolender Law Firm as soon as possible.

The trademark is unusual as it also encompasses the service mark. For dynamic businesses of today participating in a world economy (and especially with the advent of the internet and online marketing and shopping), one or the other may be critical for marketing purposes. The trademark is one of the most common forms of intellectual property. Like all other types of intellectual property, it becomes yours as soon as the IP comes into existence; in other words, as soon as you create a mark designating the product that your company sells, you are in full ownership of it. Questions only arise should someone infringe on your creation, and then you are forced to ask them to cease and desist, or take further legal action.

More specifically, the service mark helps customers recognize the services that you offer—and because of the separation between the service mark and the trademark, familiarizing consumers with your products, it is completely possible that you could need both in terms of branding your company. Again, your intellectual property attorney can help you search whether or not there are other identical or extremely similar marks already out there that could cause your application to be rejected. If the mark is considered to be obscene or if it contains a symbol that could be the same or similar to that of a government seal of any sort, it may also be rejected by the United States Patent and Trademark Office.

Filling out the proper applications and registration for any type of intellectual property can be arduous, sometimes expensive, and the approval process may take a long time. Because of this, you should have the help of your intellectual property attorney, who can educate you fully on the process as well as discussing your true needs in terms of IP protection.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!



What Does a Trademark Actually Protect?

As a business owner, you will usually have an exhausting list of tasks on your plate, whether counted daily, monthly, or annually. You may even have many customers or clients who visit your business frequently and mention how wonderful it seems to own your own business. Often you may agree with them—and even encourage them to open their own businesses; however, many others of us find ourselves chasing that American Dream diligently, until we discover that it is extremely challenging to stay on top in the marketplace.

Most business owners are busy keeping up with the constant challenge of having enough capital, keeping the growing list of bills paid, and trying to keep everyone happy, managing employees, managing inventory, keeping the peace with partnerships, and the list goes on.

One area of protection and one major task that can be easily overlooked when your business is new, especially, and you are worrying about many other important things, is the trademark. The trademark is essentially, your brand. This may designate your products, with a logo or a symbol or even a mark on stationary. Trademarks may also be given for services, as service marks are a subset of the trademark category.

With registration of a trademark you have numerous legal benefits to include the right to use that trademark and its corresponding symbol, along with the right to sue someone for infringement if they try to steal your intellectual property. With the help of an experienced intellectual property or trademark attorney, you will need to apply through the United States Patent and Trademark Office (USPTO).

Before registering for a copyright or trademark, or any other intellectual property, it is also a good idea to make sure no one else has registered anything similar. Keep in mind too that intellectual property is yours, owned by you, as soon as it comes to being—whether in your home or company. Registering it just gives you greater leverage if someone were to steal your intellectual property.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Registering with the USPTO: What if Someone Already Has the Same Trademark as Mine?

Intellectual property can be exciting to create—and especially when you realize you are onto something truly innovative that will be in demand from the public. Along with everything your business owns over time, you may realize that it is one of your greatest assets, and one that must be protected with great care.

Trademarks Are a Very Common Form of Intellectual Property

While copyrights protect artistic expressions and patents grant rights to inventors, the trademark is one of the most ubiquitous forms of intellectual property—so much so that you may not even realize you are recognizing a company unconsciously in the blink of an eye, due to a basic symbol on a website or street sign. And if you think of trademarks for some of the most famous companies in the world, you may be amazed at the simplicity of their logos or crests. Unfortunately, legal issues can arise when it comes to intellectual property, and although it does become yours (or that of your business) as soon as you bring it into inception, registering it gives you much greater protection if someone infringes on what you believe to be yours.

Be Aware of Other Trademarks Like Yours

Before you register your trademark or service mark with the United States Patent and Trademark Office, consult with an intellectual property attorney from a firm like the Bolender Law Firm to research whether or not there is already something identical or similar in place that could lead to legal headaches later. Although your attorney will be able to advise you further on registration issues, most likely if there is another trademark or service mark that resembles yours and is owned by another company offering the same types of products and services, it will be rejected by the USPTO. State-to-state searches may be recommended as well.

While the registration process may take anywhere from three months to a year or more, you could be protecting one of the most important facets of your brand—a valuable commodity in the modern business world. Work with your attorney to make sure you are setting yourself up for success with a strong mark and an understanding of what you need to do to continue to protect your trademark throughout the years.

Contact Us for Help

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!