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WHY TRADEMARKS ARE IMPORTANT FOR YOUR BUSINESS
If you are an entrepreneur starting your own business, there are a lot of considerations, necessary licenses, permits and important decisions to make. One area of your business that is of great importance is your intellectual property. This includes company trademarks.
WHAT IS A TRADEMARK?
Trademarks are used to distinguish the source of a product. A trademark might be a symbol, a word or a phrase. If your business provides services rather than goods, then you would refer to one of these identifying symbols as a service mark rather than a trademark.
Some examples of trademarks can include the name of a company, the slogan or catchphrase used by a company, a company mascot, and even the lyrics to a song that was used by a company for advertising purposes.
Trademarks are not the only kind of intellectual property, and they are sometimes confused with patents and copyrights. Patents are used to give a person rights to an invention, like a new form of engine. Copyrights are used to protect things like an original work of art. You might be in a business where you use all of these things, but you also might not need all of these depending on the type of business you are involved in.
WHY DO I NEED A TRADEMARK?
Trademarks are very important to business owners, as they are a great way for customers to recognize your brand and for your products to be protected from infringement. In the case of non-verbal symbols, your trademark can even make your brand recognizable in foreign countries where a name or slogan might not translate well or be easily identifiable to many consumers.
Additionally, as your business grows and increases in value, your trademark itself might become worth something.
HOW DO I GET A TRADEMARK?
If you start using a symbol, name or slogan for business purposes, you can attain a common law trademark. However, the protection provided by this is minimal. You might be limited to enforcing your ownership of the trademark only within a particular region, and your relief, if someone decided to use your trademark, would likely be limited to a court ruling that they had to stop using the trademarked item.
In contrast to the common law trademark, you can also register a trademark with the United States Patent and Trademark Office (USPTO). By doing this, you can get extra protection on your trademark. For instance, your trademark will be protected nationwide rather than just in one region. Other businesses will also be on notice of the fact that your trademark is protected. If you do find that you need to sue for infringement, you can collect damages for things like lost sales as a result of someone profiting from your good reputation. In some cases, if you have to sue, you can even recover your legal fees. Thus, you will have a better way to enforce your trademark than if your only recourse was to get another business to cease using your intellectual property.
There are many reasons to register a trademark. If you have questions regarding how best to protect your trademark, contact the experienced business attorneys at the De Bruin Law Firm today by calling 864-982-5930.
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What Our Clients Say
Very friendly staff and they assisted me through every step of the closing process!8/03/2018
This is the company I decided to use in purchasing my house with Veterans United Home Loans. Although I didn't deal with them directly for 95% of the process, the 5% I did have the opportunity to interact with them was very professional. We came in to the office, signed our documents and got out. 10/10 would recommend.10/03/2018
I chose the De Bruin Law Firm to represent me after I was arrested for DUI. Aaron, my attorney, worked hard on my case and I was pleased with the outcome. His professionalism and punctuality in response to my questions and concerns was a true testament that he was dedicated to representing me and my case. These stressful times were definitely a relief with Aaron on my side. I would recommend these guys to anyone needing legal advice and professional representation.12/04/2015
Helped me tremendously with a horrid legal issue. Worked across state lines, and did everything possible to correct an egregious government error.3/20/2017
Awesome Service, Very helpful people at the DeBruin Lawfirm5/16/2017
Bryan was our attorney for our real estate closing and he was excellent. Bryan was very prompt to respond to any of our concerns and questions and very helpful with the whole process. Bryan also followed up with us after closing to ensure we our move went well and address any concerns we had once in our home. I would definitely use this firm again for our legal needs and recommend to anyone.7/05/2016
They are the Best in the business! I would not go to anyone else!8/31/2016
Aaron DeBruin was my husbands defense attorney recently regarding a high profile case in Walhalla, SC. Aaron fought really hard to prove my husbands innocence. If anyone knows anything about the small town of Walhalla, it’s a small town where it’s a battle to prove your innocence especially if you’re of color. Aaron took on a high profile and difficult case. He was very patient and kept me up to date with everything. Despite of the deniles of the bond hearings, Aaron continued to fight. My husbands case wound up going to trail after 10 months of incarceration in Walhalla county. Aaron has plenty of sleepless nights and early morning preparation during trial. I will never forget how hard Aaron fought in the courtroom! Aaron won his first case in Seneca SC! My husband was found not guilty on all charges once Aaron convinced jury of false allegations. I could go on and on but I’m here to tell you if you’re in the upstate of Greenville and need a defense attorney to fight for your innocence give this guy a call! You won’t regret it! I sure don’t! Not only was my husbands lawyer I feel like we both have gained a dear friend for life! Thank you Aaron!11/12/2018
Great team and always easy to work with.8/04/2018
What a blessing to have such a solid team to advise us on all of our legal matters from personal estate planning to business protection. We are very thankful to have found Aaron and his family and look forward to many years of being represented by such a professional law firm.1/13/2018
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