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A trademark is a form of intellectual property that protects words, symbols, or designs that can distinguish a source of goods or services. This refers to symbols and marks used in commerce to identify goods and services, such as the Coca Cola logo. However, a trademark application can also be filed even if it is not actually used in commerce yet. It can serve as a source identifier connecting a particular good/service to its owner, which would easily build their brand and increase consumer recognition and trust.
While one can file and apply for any trademark, there are multiple considerations and formalities that need to be followed, for the purpose of ensuring that the applied-for mark provides you with your desired scope of protection.
In a very competitive market, a registered U.S. trademark provides a bundle of rights, including:
Protection of registered trademarks does not have a time limit. As long as the trademark is in actual use in U.S. commerce, and the filing formalities are complied with, the owner can benefit from the protection of its trademark registration perpetually.
Selecting a trademark and achieving registration can be a complicated process, as there are many considerations associated with every step. A trademark cannot be registered if there is another filed or registered trademark which predates the relevant application. For this reason, it is crucial for applicants to conduct a trademark clearance search prior to filing their application.
Similar to patent protection, trademark protection is limited to the territory where the trademark was registered. Therefore, businesses with global operations typically register their trademarks in multiple jurisdictions.
The attorneys at Pardalis & Nohavicka have years of experience helping businesses of all sizes obtain and defend their trademark. Get in touch with us today to learn more about how we can help you secure your trademark.