Protecting your brand with federal trademark registration

Businesses invest a significant amount of time developing brand recognition. One way your business can protect its brand and prevent competitors from trying to take advantage of the goodwill your business generates is with federal trademark protection.

A trademark is commonly defined as any word, name, symbol, or device, or any combination thereof, used to identify and distinguish a business’ goods from those manufactured or sold by others. A service mark serves the same purpose; however, a service mark applies to services as opposed to goods. For the purposes of this article, the term “trademark” will be used for both.

Trademarks benefit your business by creating a link in the minds of consumers between your business and the goods and services it offers. Trademarks provide legal protection in the event another business tries to use a similar word, name, or logo in connection with similar goods and services. Trademarks also help protect against counterfeiting and fraud.e

There are three types of trademark protection: common law, state and federal. Common law trademark protection applies the moment your business starts using a particular mark in connection with the goods and services it offers; however, the protection offered by a common law trademark is limited to the geographic area where the mark is used. State trademark protection allows your business to exclusively use your trademark in connection with your goods and services within the state of registration. Federal trademark protection – the gold standard – will allow your business to exclusively use its trademark nationwide in connection with the goods and services offered by your business.

Federal trademark protection offers a variety of benefits in addition to the aforementioned nationwide exclusive use of the mark including, without limitation:

• Your business’ trademark will be added to a searchable database maintained by the United States Patent and Trademark Office. The presence of your business’ trademark on this database provides public notice of your business’ ownership of such trademark.

• Your business is entitled to a legal presumption that it is the owner of the registered trademark and has the right to use it. Thus, in a dispute regarding trademark infringement, your business can furnish its registration certificate as proof of ownership rather than having to submit other evidence.

• Your business will be able to maintain a lawsuit related to its registered trademark in federal court.

• Your business will be entitled to use the ® symbol in connection with its registered trademark.

If your business is considering federal trademark protection, Chuhak & Tecson’s trademark attorneys can assist with this process.

Client alert authored by Ryan A. Biller, associate, (312 855 4607).

This Chuhak & Tecson, P.C., communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.