Trademarks are symbols, phrases, words, designs or combinations of those which help identify a good or service. Trademarks are typically used to protect brand names. Just like copyrights, these are a type of intellectual property. This means it is intangible – it cannot be held, touched, or seen. It is the ownership of the efforts stemming from your creative mind.
Similar to copyrights, these are also constitutionally granted rights meaning they are attached immediately upon creation, so they must be protected immediately upon creation as well.
For trademarks, this begins with a comprehensive search which covers existing United States federal applications and registrations, as well as a breadth of common law and international results. This will help to determine whether a similar mark (brand name/logo/slogan) is already in use. The mark will then need to be analyzed for a likelihood of confusion, descriptiveness, and genericness – all of which are grounds for rejection by the United States Patent and Trademark Office (USPTO).
Federally registered trademarks are important for the following reasons:
Check out our infographic breaking this down in more detail.
Having an experienced entertainment attorney well versed in intellectual property rights, especially trademarks, can make all the difference in your creative and financial future. Your brand is your reputation, let Lunderburg Law make sure we protect your reputation.
We offer the following trademark services:
For more information, here are some third-party trademark resources: