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Should I have a trademark?

Having a trademark is important for any business looking to build brand awareness and keep their name, logo, slogans, and safer. Today we’re discussing everything about trademarks -- why they are important, what you can and can’t trademark, and how to take the first steps to get your own!

What Is a Trademark?

A trademark protects the name, logo, and symbols relevant to your products or brand. This applies to business names, symbols, logos, sounds, and colors that represent your particular brand. For example, the Nike brand trademarks its name, the swoosh logo, as well as their slogan, “Just do it.”

A trademark is not, however, a song, book, film, or other types of original creative work. Those are copyrighted rather than trademarked. Nor are trademarks inventions -- so any manufactured goods, chemical formulas, or machines are out, better suited to patents.

Why Are Trademarks Important?

Trademarks stop copycats, defend and enforce your rights, make it easier to sue those who steal your mark, as well as give you ownership to the exclusive rights of your brand names, slogans, and logos.

Besides protections, a trademark gives you the opportunity to build up brand awareness. If you have a unique symbol, logo, slogan, etc., you will be easier to pick out from other businesses around you.

How Do You Get a Trademark?

As intimidating as it may seem to get your own trademark, the process is actually rather straightforward and certainly worth it in the end. You can use the United States Patent and Trademarks Office (USPTO)’s a searchable database to check if your idea has already been trademarked, ensuring you don’t waste your time if it is taken.

After you decide on a trademark and feel you understand trademark law and trademark rules well enough, you can send in an application to the USTPO. If the trademark is accepted, you will be granted the rights to that trademark, public acknowledgment that you are the owner of the said trademark, and legal use of the trademark ® symbol.

Do I Need a Trademark Attorney?

Because trademark rules can be a demanding process with strict deadlines and methods, a trademark attorney may be helpful as you navigate trademark law. While the registration process through the USPTO is straightforward, it may also be confusing to those who do not know the specifics of trademark law.

A trademark attorney can help you solve any problems that may occur in the registration process, explain the ins and outs of trademark law and how to best utilize it to your advantage, as well as advise you before, during, and after the process of trademark registration is over.

Now that you know the basics of trademark law, let our local Charleston trademark attorneys guide you through the USPTO’s registration process and set you on the right track for you and your business. Protect your brand, your future, and your livelihood with Epstein Law!

Book an appointment online, today! >>

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