Trademarks

The Importance of Trademarks

As you build your business it is important to protect the companies Intellectual Property. There are four types of Intellectual Property referred to as “IP” assets which include patent, trademark, trade secret, and copyright. The trademark name is iconic with your company,  technology, and brand image. The trademark name is a strong source identifier for around the world.

A trademark is considered either arbitrary/fanciful, suggestive, descriptive or generic. Trademarks that are arbitrary/fanciful or suggestive are inherently distinctive.  Here is an example of a distinctive trademark, “sweetin”.   Sweetin does not show up in the dictionary because changing even one letter in a word changes the word entirely (such as “thank” vs “think” vs “thenk”). Changing letters within a word creates a new word and makes it unique.  New words that are not found in the dictionary are easier to trademark.

The intent to use a trademark with the application is based on a bona fide intention to use. It is easier to file a trademark on a pre-existing business that is already available to the public.  It is important to contact an attorney prior to opening your business and registering your business name in order to prevent infringement and/or liability.  The purpose of a trademark is not to be used to deceive the public.  An entity may have protectable rights in a term even if the company itself has made no use of the term, provided the public associates it with goods. With vast amounts of names throughout the world, it is bound to cause someone challenge a trademark issue. The United States Patent and Trademark Office (“USPTO”) needs to establish that the mark when used on or in connection with the goods of the applicant would cause confusion, or to cause mistake, or to deceive. The USPTO states that no trademark by which goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register unless it consists of a mark which, when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, is primarily merely a surname, or comprises any matter, as whole is function.

An attorney will develop legal strategies and monitor for protection on key Intellectual Property (“IP”) assets. An attorney will help the business strategize and document for Harvesting IP Assets. An attorney will build a shield and sword for the business to prevent and avoid infringement as well as setup in-licensing budgets and policies.  Contact a trademark attorney today to assist with evaluating your business and developing your Intellectual Property Assets.