Securing A Business Trademark
Competition between businesses is as old as time, and securing a business trademark further establishes the place of a business in the market. Moreover, protecting intellectual property of a small business may be the difference between the death of a company and its survival.
Registered and unregistered trademarks
Since the USPTO regulates trademarks, they have also developed a way to denote registered and unregistered trademarks.
® symbol – denotes an idea or trademark that has traveled the USPTO registration process from application to publication.
™ symbol – denotes a common law ownership of an USPTO unregistered trademark.
Contact us because we can help you through the process of registering your intellectual property and trademarks with the United States Patent and Trademark Office (USPTO).
Trademark Registration Process
First, the preliminary steps of applying for trademark registration require a short period of time. However, both the trademark applicant and trademark attorney will need to be present to complete the application. Once the application is submitted, some follow-up paperwork may be required while waiting for USPTO approval and publication.
Trademark registration benefits
Choosing to register your trademark with the USPTO comes with a number of benefits. Not only does the business gain more credibility, but the business receives added security for ownership of the trademark or idea. Furthermore, the USPTO lists the below benefits of trademark registration.
- Public notice of your claim of ownership of the mark;
- A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
- The ability to bring an action concerning the mark in federal court;
- The use of the US registration as a basis to obtain registration in foreign countries;
- The ability to record the US registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
- The right to use the federal registration symbol ®; and
- Listing in the United States Patent and Trademark Office’s online databases.
How should a business respond to a cease and desist letter?
The arrival of a cease and desist letter throws the daily operations of a small business into upheaval because the allegations threaten some severe consequences. Therefore, contact an attorney who can evaluate the letter, trademark law, and your business. In best case scenarios, the cease and desist letter holds no legitimate danger to your business; however, only an attorney will recognize the extent and reach of the allegations brought against your business.
More frequently asked questions
USPTO provides answers to additional frequently asked questions on the USPTO website.
The business attorneys at Kraemer, Manes & Associates not only can answer your trademark questions but also can help you prepare your USPTO application or manage a cease and desist letter. After all, we are here to serve you and your business. Call or email us because we can guide you through the process of protecting your trademark or fighting false allegations.