MAY 28, 2021
May 2021 Email – When Do I Need a Trademark?
This month I wanted to provide some information about when it is a prudent decision to register a Trademark with the United States Patent and Trademark Office (USPTO) on your brand. A Trademark is a name, symbol, or device which identifies the source of the product or service. Registering your trademark provides some distinct benefits in protecting your brand.
When to file a Trademark application
Growth: If you plan to grow your brand beyond the state in which you start your business, a Trademark can help protect your ability to use the brand in geographies across the United States.
Competitive Industry: If your business is in a competitive industry in which there are many similar brands, it is not uncommon where one brand is so similar to another such that there may be allegations of infringement. An example of this may be when one company’s logo is similar to another company’s logo within the industry.
Risk of Infringement Disputes: Even if you don’t register a Trademark you still may have common law Trademark rights. This doesn’t mean someone else in another state is aware of your business and won’t file a Trademark for the same name. Even though such a person could not stop you from using your brand in your geography, it could still be a distraction from focusing on your business. Filing a Trademark can sometimes be a method to preempt this scenario.
Fargo Patent & Business Law’s mission is to Bridge the gap between the needs of business and the demands of law. Our passion is helping businesses grow to realize their potential by taking care of their legal challenges. The firm focuses about 50% of its energy on business and corporate matters. The remaining 50% of our efforts are focused on working with intellectual property issues.
We offer multiple different services within trademark law. Contact us today with any questions you may have about trademarks.