You’ve created something special and now it is time to use Trademark Law to protect it. Registering your company name or owning a domain name gives you virtually no legal rights to stop someone else from using your name or logo. Whether you are a solopreneur or a multi-million dollar enterprise, look after what you’ve built.

Trademark Law Overview

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If you are a business owner, the chances are you haven’t given much thought to your name. You should, because failing to secure the legal naming rights to your brand with a Federal Trademark could cost you your business, or at least tens of thousands of dollars. No-one cares how long you have been in business if it isn’t marked. So don’t sit and wait for a letter to hit your mailbox that forces you into an expensive rebrand. Claim the legal rights to your trademarks today.

Once registered legally, your trading reputation and goodwill will be attached to your business. Like a symbol of trust. Trademarks are protected by intellectual property rights, and we can make the process simple. Protect your IP for an affordable flat-fee, including patents, trademarks, copyrights and startup legal services. Register your assets, keep your trade secrets, and monitor your name and brand for potential infringers. Don’t leave it until it’s too late.

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Strategically identifying and registering your intellectual property (1) ensures that your business will be protected from others obtaining a trademark with the same name, (2) allows for you to stop another business from using your brand name, (3) while identifying your products / services and distinguishing you from your competition.

FAQs

How long does the process take?

Once the application is filed, it can take from 12 to 18 months.

Do I need to file my brand name and logo as separate trademarks?

Yes, they would be separate applications and fees. They are separate filings. For example, “nike” is the brand name but the (nike) swoosh is the logo.

Sometimes only one is needed for a business. Our attorneys can help you decide whether you should apply for both the name and logo or if just one will be adequate.

Can I register a trademark if there is one similar to mine?

If a consumer is likely to be confused between the two logos, then the answer is probably not. There are many legal cases and opinions to help guide you. Our focus is to ensure that you avoid a needless trademark infringement lawsuit down the road and to be very thoughtful about the name you choose.

If a mark is in another industry, then you have a good chance of still being able to use it.

To help you decide whether a particular mark is too close or not by reviewing past examples, read trademark infringement explained.

When should I file a trademark?

As soon as you can afford it. Ultimately it depends on the business owner and when they want to make the investment.

It’s very important to protect your business and brand assets. This ensures you will not spend years building value in a name, design that someone else owns.

Avoid getting a cease and desist letter one day requiring you to change your business brand, name and logo.

Will my trademark be approved?

Not necessarily. If your name or logo is too similar to another business in the same industry, then your application could get rejected.

You should conduct research to determine the likelihood of success. It is never a sure thing that an examiner for the USPTO will approve it; however, with experience and research, you can have an idea of chances of success.

Testimonial – Trademark Registration

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Registering a trademark is a very important consideration as a business sets out and begins to grow.

Henderson & Henderson helped me renew my trademark for my small business and was incredibly helpful and efficient. Wesley kept me updated every step of the way and made sure I am set up for the future so my trademark is never in jeopardy. I couldn’t recommend their services more!

 

Best,
Kylie
Cooking with Cocktail Rings

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Learn more about what a business attorney can do for you, about Wesley Henderson, and contact us with any question.

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