How to Register Your Trademark

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How to Register Your Trademark
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Why Trademarks Are Vital

• For a well-functioning business, protecting the
  brand is essential. One important tool for
  achieving this is trademark registration, which
  grants a business exclusive rights to a slogan,
  symbol, or another uniquely identifying feature.
  A registered trademark allows a business to
  exercise a wide range of legal rights. Lets take
  a look at the ins and outs of trademarks as well
  as the process of getting them properly
  registered.

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What Is a Trademark?

• A Trademark is an intellectual property element
  that acts as a source identifier for a product.
  Examples include the name of a brand of cereal
  and a distinctive company logo.
• Trademarks can take a variety of forms. A slogan,
  a symbol, a name, a word, a logo, a designall of
  these and more are eligible to be trademarked.
• Trademarked elements are very valuable in
  promoting a business and its products.
• A business that holds a recognized trademark is
  afforded a variety of legal protections, such as
  the right to seek damages against another entity
  that attempts to use an identical or extremely
  similar mark.

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What Is a Service Mark?

• Similar to a trademark, a service mark acts as a
  source identifier for a particular service or
  brand. One example would be the name of a
  professional cleaning company.
• These too can take a variety of forms terms,
  words, designs, symbols, names, and so forth.
• As they designate activities rather than objects,
  service marks appear mainly in advertising.
• Legally, service marks are equivalent to
  trademarks both are entitled to the same types
  of enforcement protections.

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Common Law Trademarks

• Businesses can exploit certain benefits of
  trademarks without having theirs formally
  registered. Simply using the trademark publicly
  will establish common law privileges.
• However, a company that does not register a
  trademark enjoys only limited rights Common law
  protections are restricted to the geographic
  region where the trademark is in use.

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Federal Trademarks

• By applying for a federal trademark, businesses
  can expand the geographic range of legal
  protection.
• A federally registered trademark is recognized
  nationwide.
• A federal trademark also provides businesses with
  expanded rights and privileges.

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Benefits of Federal Trademarks

• If another entity attempts to violate a
  trademark, a business with a federally recognized
  trademark is more likely to win an infringement
  lawsuit.
• Federal registration grants the right to use the
  symbol next to the trademark. This will
  discourage other companies from violating the
  trademark.
• A properly registered trademark also allows
  businesses the use of the federal court system
  when pursuing relevant legal action.
• With a federal trademark, a business can even
  legally halt imports that violate its mark.

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The Importance of a Trademark Search

• Before using a trademark, a business should carry
  out a search to ensure that it does not infringe
  on another entitys mark.
• Many new trademarks closely resemble ones already
  in existence, and in the event of a perceived
  conflict, a company with a prior claim to a mark
  is likely to file an infringement suit. Legal
  proceedings of this nature can be very costly and
  time-consuming.
• As previously stated, trademarks do not need to
  be registeredthis can make it difficult to
  ascertain whether a proposed mark may conflict
  with another.

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Types of Trademark Searches

• Federal and state searches These examine the
  federal register as well as every states
  register for trademarks that may conflict with
  the one used by the business.
• Common law searches These look at actual uses of
  a particular trademark in the marketplace,
  whether or not it has been formally registered.
• Because even an unregistered trademark is
  protected in the region where it is in use,
  businesses should utilize both types of searches.
  This is particularly important if the business
  plans to operate on the national level.

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Why an Attorney Should Review the Trademark Search

• Having a licensed attorney inspect the results of
  a search is optional, but there are sound reasons
  for doing so.
• Many trademarks are similar but not identical to
  an established trademark. It is difficult for
  untrained persons to judge whether a proposed
  trademark is too close to another. This is an
  area where an attorney with a background in
  trademark law can provide useful assistance.

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Filing the Trademark Application

• The regulatory body that oversees registrations
  is the United States Patent and Trademark Office
  (USPTO), a branch of the Department of Commerce.
• Applicants may elect to pay the fees and submit
  the required paperwork without outside
  assistance. However, a law firm specializing in
  trademark services can ensure that the
  registration process runs as smoothly as
  possible.
• A trademark law firm can also resolve conflicts
  if the application is rejectedthese companies
  usually have experience with the Trademark Trial
  and Appeal Board.
• Finalizing a trademark registration often takes
  1-2 years.

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About Allmark Trademark

• Founded in 1999 by attorneys John E. Russell and
  Kevin R. Martin, Allmark Trademark was
  established to provide affordable, expert
  trademark services. Allmark carries out a range
  of relevant services, including application
  preparing as well as state and federal trademark
  searches.
• For more information, please visit
  http//allmarktrademark.com/.