Many people believe a business name is a patent issue...
Wrong! Business names, slogans and logo designs are trademark issues, not patents!
To protect a business name, you need to apply for a trademark.
A patent would be filed to protect an original invention OR a significant improvement to an existing product.
Trademarks can be names of products or services, logos, slogans, packaging and even sounds and smells. In essence, a trademark can be almost anything that is used to identify a particular product or service.
Registering a trademark grants the owner true ownership rights to the mark.
Of course, it’s necessary to research the mark comprehensively prior to use and filing to ensure that there is no possibility of infringing upon another party.
Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending and registered Federal AND State trademark files as well as the US National Common-Law databases.
TradeMark Express researches over 6500 paid databases to make sure prior use does not exist. Then we file at the USPTO.
Free intellectual property audit, more the merrier.
Common trademarks include business names, slogans and logo designs. Older and larger companies accumulate valuable Intellectual Property assets without sometimes taking care to properly research, trademark, periodically protect and renew State or USPTO continued use applications. Over years of time some marks may be forgotten, deadlines missed to file incontestability of a given mark, infringer’s may be allowed to eat at your rights – ultimately resulting in Acquiescence, or giving up rights to an infringer, thereby losing your valuable trademark to them. Call us for a detailed, in depth, FREE review of your Intellectual Property – and FREE written report weighted towards your needs, constraints and future plans. We’ll determine a concise plan of action and explain why and when each step should be undertaken to conserve your marks and conserve your cash. The more marks you have, the greater discount you’ll be offered! Call us today!
Don’t lose your trademark!
If you have an existing Trademark or just Common Law rights merely by using your business name, slogan or logo over time – be aware that you will give rights to another business simply by doing nothing for 6 years. Acquiescence happens by doing nothing, and not enforcing your rights over a 6 year period. To prevent this disaster, we urge periodic comprehensive research every 2-3 years -or- our regular Federal and State trademark monitoring services, including a FREE Common Law search if you purchase three 6 month cycles = 18 months of trademark monitoring. We offer both. Call us to discuss!
Having a trademark will achieve added protection against other companies’ future names, slogans or logos that are conflicting or even merely similar in sound, appearance or meaning, as well as ownership rights as protected by the USPTO. Having a trademark makes it much easier to protect your intellectual property, when you can simply show your registered or pending USPTO trademark.
A trademark is like having a silent attorney actively protecting your intellectual property 24 hours a day!
USPTO Federal trademarks last 10 years, and are indefinitely renewable every 10 years. In the 5th year, after registration some work must be done at the USPTO. A Section 8 for your Declaration of Continued Use and your recommended Section 15 Incontestability forms are due to keep your Federal Trademark alive.
In Canada, CIPO trademarks last 15 years, before renewal is needed.
You still need to actively protect your intellectual property, because the USPTO or CIPO will not do that for you. We offer a monitoring service or we recommend that you should run your comprehensive research every 2 to 3 years to find infringing companies to your property.