The establishment of a strong brand is a considerable investment for most small businesses. A business must stand out from the competition, and have a catchy name, or logo customers can identify with. Any logo, symbol, design, phrase, or name can be a trademark.
The mark can be claimed by using the SM, or TM designation, regardless of whether an application has been officially filed. The federal registration symbol can only be used once the mark has been registered with the Trademark Office.
The Strength of The Mark
A strong, and distinctive mark is important, and it will stop competitors from using or copying the mark. Strong marks are protected under trademark law.
There are four basic types of marks:
The strongest mark is the Coined, or Arbitrary Marks, followed by the Suggestive Marks, then the Descriptive Marks, and finally the Generic Marks.
Prior to investing in a mark, a professional should be hired to ensure no other business is using a similar mark for the same services, and goods.
Contact Our Palm Springs Trademark Law Firm
A Palm Springs trademark law firm can ensure the mark does not infringe on another company’s mark. A mark cannot be registered if the Trademark Office determines it will cause confusion with another business registered mark.
Although a trademark does not have to be registered to be established, there are advantages to registering with the Trademark Office including the public being notified of ownership, the legal presumption the mark is owned, and legal rights to prevent infringement. A consultation with a law firm is usually necessary to answer questions, and highly recommended.
