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5 Things Every Business Owner Should Know About Trademarks

We are often asked what is a trademark, do I have to register it before I use it, and other rather straightforward questions about mark usage in the U.S. and abroad.? In our experience here are five (5) simple facts every business owner should know about trademarks:

1.? What is a Trademark?

A trademark includes any word, name, symbol, or device used in commerce to identify the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name such as Coca-Cola? for beverages, the Nike swoosh for shoes, and FedEx? for package delivery services.

2.? Can I Reserve a Trademark Before I Use It?

Yes. A trademark can be ?reserved? with the U.S. Patent and Trademark Office by filing an Intent-to-Use Application for the trademark. Although an Intent-to-Use Application requires additional paperwork to be filed during the Registration Process, it permits persons to reserve a trademark for future use while their business, brand, or product line is developed.

3.? Should a Trademark Search Be Performed to Make Sure my Trademark is Available Before I File an Application to Register the Trademark or Begin Use Thereof?

Yes, although a search is not required. Trademark Research allows you to verify that your proposed mark is not in use by another and is available for you to use.

4.? Do I Have To Register a Trademark to Use a Trademark?

No. However, federal registration has several key advantages which make it important to obtain a registration especially to Enforce a Trademark and preclude others from using your mark or similar marks thereto. A federal trademark registration provides:

* Constructive notice nationwide of your claim of ownership of a trademark;

* Evidence of ownership of the trademark;

* Jurisdiction of federal courts to Enforce a Trademark may be invoked;

* Registration can be used as a basis for obtaining Registration in Foreign

Countries;

* Registration may be filed with U.S. Customs Service to prevent importation of

infringing foreign goods.

5.? Is a U.S. Federal Registration Valid Outside the U.S.?

A U.S. Federal Registration only protects your mark here in the U.S. However, any trademark owner with an application filed in or a registration issued by the U.S. Patent and Trademark Office can extend protection of that trademark into over 71 other countries through a treaty known as The Madrid Protocol.

The Trademark Company

The Trademark Company provides the most comprehensive suite of trademark services available online.? From Trademark Research to the Enforcement of Your Mark(s) our company will protect your business and brand identity.

Our company is comprised of an experienced team of professionals. We work with our clients to help develop their name, logo or brand presence and ensure it is secure and stays that way. From international and federal trademark filing registration to litigation services, we are there for our clients every step of the way.

Written by: Dan on May 15, 2011.

Posted by Dan on Sunday, May 15, 2011 at 5:42 am?
Filed under Trademarks ? Tagged with About, Beverages, Brand Name, business, Business Owner, Coca Cola, Constructive Notice, Every, Federal Registration, Federal Trademark Registration, Fedex, Jurisdiction Of Federal Courts, Know, Nike, Nike Swoosh, Owner, Package Delivery Services, Paperwork, Patent And Trademark Office, Shoes, Should, Straightforward Questions, Things, Trademark Research, Trademark Search, Trademarks, U S Patent And Trademark Office, Word Name

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