How does trademark law work

Experts recommend making your logo and other business branding as unique as possible. This serves two purposes: 1 A unique logo or symbol affords instant brand recognition and 2 a unique logo or symbol will afford your business greater intellectual property protection because it will be so distinctive, and therefore harder to copy.

Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging. Some small business entrepreneurs are deterred from trademarking because they think the process is overly complex. In fact, trademarking is relatively straightforward.

The first step to trademarking is to conduct a search for what you seek to trademark. The second step is to apply for federal trademark protection. A fee will be assessed at this point in the application process. The third step is approval. When your trademark application is approved, you are then granted exclusive legal rights to that trademark.

Even without formally applying for a trademark, your business still may have legal rights. Designation of TM trademark or SM service mark notify other businesses of your common law claim to those symbols, logos, or business names. Intellectual property laws exist so competitors cannot steal creative ideas, names, or symbols from other businesses.

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Trademarks, patents , and copyrights are different types of intellectual property. The U. Copyright Office at the Library of Congress registers copyrights. A brand is a marketing concept that encompasses how people feel about your product or service. Customers associate certain elements with different brands, such as reputation, image, and emotion. For example, a certain brand might have been developed to encourage you to feel confident, calm, or secure.

On the other hand, a federal trademark registration can provide nationwide legal protection for your brand in connection with particular goods or services. It is your choice whether to protect your brand under trademark law. During the application process, you should continue to use TM or SM. File a U.

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