Understanding Trademarks: Protecting Your Brand Identity
Your brand is more than just a name, a slogan, or a logo – it’s your reputation, your promise to your customers. We understand the importance of safeguarding your brand identity. Trademarks, service marks, and trade dress are all essential tools for protecting your intellectual property and building a strong, recognizable brand.
- A trademark identifies and distinguishes the source of a product.
- A service mark does the same for a service.
- A trade dress encompasses the overall look and feel of a product or its packaging, including shapes, colors, and designs.
It is common to call all of those “trademarks” or “marks.”
Levels of Trademark Distinctiveness:
The strength of your trademark protection depends on its distinctiveness. Here is a breakdown from most distinct to least distinct:
- Fanciful Marks: These are invented words with no existing meaning (g., Kodak, Xerox).
- Arbitrary Marks: These are common words used in an uncommon way (g., Apple for computers).
- Suggestive Marks: These hint at the qualities of a product or service without directly describing them (g., Coppertone for sunscreen). They require some imagination to connect to the product.
- Descriptive Marks: These directly describe a product or service (g., “Crispy Chips” for potato chips). Surnames are also treated as descriptive marks. They can only be protected if they acquire distinctiveness or “secondary meaning,” meaning consumers associate the mark with your brand specifically.
- Generic Terms: These are common names for products or services (g., “computer,” “bicycle”). They cannot be protected as trademarks.
Levels of Trademark Registration:
- Unregistered Marks (Common Law): These offer limited protection within the geographic area where the mark is used.
- State-Registered Marks: These provide protection within the state where they are registered.
- Federally Registered Marks: These offer the broadest protection throughout the United States, providing significant legal advantages.
Our US Trademark Registration & Maintenance Services
We guide you through every step of the federal trademark registration process. Our comprehensive services include:
1. Consulting and Identifying Federally Registerable Marks: We help you determine the strength of your mark and its eligibility for federal registration, whether it is currently in use or intended for future use.
2. Requesting Comprehensive Trademark Searches: We request a thorough search to identify potential conflicts.
3. Preparing and Filing Applications with the USPTO: We handle all the forms and ensure your application meets all legal requirements.
4. Consulting on Examinations and Communicating with Examining Attorneys: We navigate you through the examination process, responding to examiner objections and advocating for your right to register.
5. Consulting on Publications and Opposition Periods: We monitor the publication of your mark and advise on potential oppositions.
6. Preparing and Filing Statements of Use and Extensions of Time: We manage the necessary filings to ensure your registration proceeds smoothly.
7. Obtaining Certificates of Registration: We secure your official registration certificate.
8. Advising on Maintenance of Registrations: We help you maintain your registration by filing necessary renewals and other required documents.
Louisiana Trademark Registration
In addition to federal registrations, we also provide consultation on Louisiana trademark registrations. We can assist you in securing state-level protection for your brand within Louisiana, complementing your federal strategy or providing localized protection when appropriate.
Trademark Notice
Proper use of trademark notices is crucial. The symbol ™ indicates a claim of trademark rights in goods, while the symbol ℠ denotes a claim of service mark rights. These symbols can be used for unregistered marks. The symbol ® indicates a federally registered trademark or service mark. Using these notices correctly helps to establish your rights and deter infringement.
Schedule Your Complimentary Consultation
Don’t leave your brand vulnerable. We encourage you to schedule a complimentary consultation with us. We can assess your marks, answer your questions, and guide you through the trademark registration process. We offer both in-office and virtual consultations.