Trademark

What Does A Trademark Protect?

A trademark protects any word, phrase, or design that identifies your company and its goods and/or services. A trademark gives you and/or your company the legal protection your brand needs. A trademark also helps to ensure that you are safe from fraud or counterfeit. Lastly, it lets others know the source of your goods and/or services, thus also protecting consumers. If you have a reputable brand, the consumer will know that they can rely on the product or service when they see your business’s trademarked word, phrase, or design.

Are Trademarks Intellectual Property?

Yes, trademarks are one type of intellectual property. The other types of intellectual property are patents and copyright.

A trademark protects a word, design, or phrase that identifies your goods and/or services. Other people or entities will not be able to legally use your trademark or one similar for similar goods of services. The following are the basic types of trademarks:

• Generic mark- A generic mark must describe ingredients, qualities, or characteristics of your goods.
• Descriptive mark- The descriptive mark evolves from what the brand is to who the brand is.
• Suggestive mark- A suggestive mark requires the consumer to use their mind or imagination to figure out what the company offers as goods and/or services.
• Fanciful mark- A fanciful mark is a logo or word that holds no meaning outside of that company’s good or services.
• Arbitrary mark- An arbitrary mark is a word or logo that has one common meaning but no real meaning in connection with the company. The meaning of the word or logo changes when associated with the business.
• Service mark- A service mark distinguishes a company that provides services instead of goods. A service mark is not technically called a trademark but a service mark, since it applies to services and not goods. It still falls under the same federal umbrella as a trademark though.

If you have questions about Intellectual Property Protection and whether you need it for your creation or brand, it is a good idea to work closely with an experienced Trademark Law Firm and IP Trademark Lawyer. If you are located in or around Baltimore, MD, contact the Law Office of Andrei Blakely today. Call (240) 331-0083 for a consultation.

What Is A Registered Trademark?

A registered trademark has been put forth to and reviewed by the United States Trademark Office. It is then given a registration. When you see the ® symbol behind a word or phrase, that trademark has been registered through the United States Trademark Office. If the trademark has not been registered, then it could possibly be followed by the ™ symbol. If you plan to trademark your company’s design, logo, word, title, or phrase, contact a Trademark Lawyer to help you research whether some other company might be using or has registered a Similar/Identical Trademark. You might be held responsible for infringement if this happens and you do not change your trademark. In order to protect you, your company, and its assets, you should take the extra steps and time to ensure that you are the right side of the law when it comes to trademark and other intellectual property protection.

If you have more questions about trademark registration and when it is safe to trademark your design, word, or phrase, you should work closely with an experienced Trademark Lawyer. If you are located in or near Baltimore, MD, reach out to the Law Office of Andrei Blakely today. Call (240) 331-0083 for consultation.

Do I Need To Have My Trademark Registered?

While you do not necessarily legally have to have your trademark registered, it is advisable that you take the extra time and energy to do so. Many businesses rely on common law rights for years and are presented with no legal issues, but common law rights can only protect you to a certain extent. If you have your trademark registered, you will never have to prove that the trademark in question belongs to you if you land in court for trademark infringement. This is called “evidentiary presumption.” You already and automatically have proof that the trademarked brand is yours, if it is federally registered. If you register your trademark, all other entities are prevented from registering and/or using Similar/Identical Trademarks.

If you own a business that has its own brand but you have not registered the trademark yet, do not hesitate to call the Law Office of Andrei Blakely in Baltimore, MD, Maryland’s premiere Trademark Law Firm. The sooner you start the paper trail, the better your rights will be protected. Contact us today for a consultation. Call (240) 331-0083.