Trademark Protection You’ve worked hard to establish yourself and your business as a “player” in the local economy. You’ve worked nights and weekends and sacrificed financially so that your business can succeed by offering quick service, industry know-how, and competitive pricing. Sound familiar? For those who have taken on the risk and headaches of pursuing their own business, the rewards can be great. What happens though when your hard work starts paying off for someone else? That’s the question many small business owners find themselves asking after they’ve discovered that someone else has been using their name, product, or services in an unfair manner. No matter how big or how small your business is, trademark infringement can happen to you. In fact, there is a risk of trademark infringement on every product, service, or company that you name. According to the United States Patent and Trademark Office (“USPTO”), a trademark “is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others." Common examples that come to mind are: Coke, Pepsi, Tylenol, and Trademark protection may be claimed under common law, state law, or via registration with the USPTO. If common law or state law protection is claimed, the mark may have a “TM” symbol attached to it. If, however, the mark has been registered with the USPTO, then the mark is followed by the “Ò” symbol. Registering a trademark with the USPTO is an important step towards protecting the mark that distinguishes your company’s services, products, or name from those of your competitors. In order to register your mark, you will need to complete the following steps. First, a search of the USPTO database must be done in order to ensure that the mark you want to register is not already in use or is not “confusingly similar” to a mark that is already being used in a similar manner. Ideally, a search of the USPTO database would take place before naming your company, product, or service to avoid “falling in love” with a mark that is unavailable. However, the more distinct and fanciful (abstract or unique) your mark is, the less likely the mark is already being used by someone else. Second, assuming that your mark is not already in use and that you have invested time and money in your mark, filing a trademark registration application is one of the best steps you can take toward protecting your investment. The filing of an application demonstrates your willingness to take steps to protect your mark. If your application is approved and your mark is registered, anyone who seeks to use your mark or a mark which is confusingly similar to your mark may be liable to you for trademark infringement. Other benefits of registration include: (1) the availability of federal jurisdiction; (2) constructive notice and evidence of your ownership of the mark; (3) providing a basis for registration of your mark in foreign countries; and (4) the availability of registration with the U.S. Customs Service to prevent the importation of infringing foreign goods. Third and finally, if you are successful in registering your mark with the USPTO, you must take consistent steps to protect the use of your mark. For example, you should take care to use the “Ò” symbol in connection with your mark in advertising pieces, brochures, websites, etc. Failure to take reasonable steps to protect your mark could result in the loss of trademark protection. For more information on trademark registration, infringement, or protection, please contact our offices for a free consultation.