TRADEMARKS

Business Law Firm

Business Law Firm with a Business Point of View

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.

Contact Us About Your Business Law Matter

What Our Clients Say

  • Arron was very professional in handling our legal needs.Great experience. We will certainly recommend this firm to our family and friends.

    Sarah L. Avatar Sarah L.
    3/09/2017
  • We are very grateful For Bryan, Gary and Chelsey. They were very patient, worked very hard on our case and we got an amazing outcome. They answered all our questions and concerns in a timely matter and helped us through a tough time and it was always a friendly environment My husband and I would definelty recommend using this firm.

    Catherine N. Avatar Catherine N.
    9/18/2018
  • 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.

    Tyler L. Avatar Tyler L.
    10/03/2018
  • They are the Best in the business!

    I would not go to anyone else!

    Johan H. Avatar Johan H.
    8/31/2016
  • Great team and always easy to work with.

    Derek H. Avatar Derek H.
    8/04/2018
  • Awesome Service, Very helpful people at the DeBruin Lawfirm

    Mitchell B. Avatar Mitchell B.
    5/16/2017
  • Dealing with Brian was a breeze. The process was very smooth i was in and out. I highly recommend them if you are needing a closing attorney.

    Bill J. Avatar Bill J.
    12/07/2018
  • Bryan set up my LLC for me. The process was smooth and was all done with no hassle.

    Chuck N. Avatar Chuck N.
    10/22/2018
  • 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.

    Thomas N. Avatar Thomas N.
    7/05/2016
  • DeBruin law firm was my home closing attorney, there are great. They competed everything in a timely manner and kept me up to date on the process. They were also very willing to explain the closing documents with me which I really appreciated as a first time homebuyer.

    courtney m. Avatar courtney m.
    8/16/2018

 Recent Articles

We strive to help businesses succeed any way we can. Read some of our latest blog articles to learn more.

Choosing an Entity for Your New Business

Starting a new business is exciting and stressful. For many, creating a business is the achievement of a lifelong dream. However, it is no secret that many businesses fail within just a few years of opening. To avoid failure, business owners need to speak with...

Benefits of an Operating Agreement

Operating Agreements If you are considering starting your own business, you need to take certain steps to protect that business, as well as your own legal interests. When business owners decide to form a limited liability company, or an LLC, they often skip creating...

Contact a Business Law Attorney

Speak to a business law attorney about your legal matter.