A trademark is used by businesses to protect the image and brand name that they own. There are several different ways to apply for a trademark, service mark, or registered owner mark. Each business is unique and therefore it is essential that you meet with an experience trademark lawyer to determine the best application to make for your brand. Failure to apply for the proper mark could potentially have the trademark or service mark cancelled should litigation arise.
Trademark, patent, copyright, and other types of intellectual property law are too complex and cumbersome to only do as a subset of our practice. That is why at The Plus IP Firm we practice only in the areas of law that pertain to intellectual property.
Once you apply for your mark, you will be able to use the trademark ™, or the service mark SM on the logo, slogan, or brand that it is associated with your application. A federally registered will use the “R” encompassed by a circle ®.
When companies such as McDonalds, Coca-Cola, or Subway spend millions of dollars on advertising, they want to ensure that their brand is well protected and apply for trademark protection on their logos and slogans. “i’m lovin’ it”, “eat fresh”, “JUST DO IT.”, and “It’s finger lickin’ good!” are a few examples of slogans that these large companies have developed to gain brand awareness. If they did not properly protect these slogans, a consumer may be confused as to which brand they are actually purchasing. The United States Patent and Trademark Office (USPTO) is the agency that monitors and protects both businesses and consumers through the issuance of trademarks, service marks, and registered ownership. This ensures that a consumer who purchases a Gucci handbag is getting exactly what they have set out to purchase.
When companies do not properly protect their brand, they are not only hurting their own reputation and goodwill, they are potentially hurting consumers who have sought out to purchase that particular product. In a recent 60 Minutes segment there was a story that pertained to knockoff products. In particular they showcased a man who had purchased Beats by Dre headphones from a website. The price was severely discounted and the product delivered was nothing short of subpar quality. If the consumer did not take the extra steps to explore his purchase and realize that these were knockoffs, the goodwill of Beats by Dre would have been tarnished. In this case, it was just the consumer who was completely taken advantage of.
We have opened our trademark law office and are available by appointment in West Palm Beach to help businesses navigate and protect their goodwill, brand name, and reputation that they have worked so hard to build. Call us today to learn how the intellectual property lawyers at The Plus Law Firm can help you and your business.