What is a Trademark?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes your goods from the goods made by everyone else.

Related to a trademark is a “service mark.” A service mark is a word, phrase, symbol and/or design that identifies and distinguishes the your services rather than goods.

The single largest source of intangible value in most companies are its trademarks.

For a better understanding of the value of trademark protections as well as what makes a great trademark, click here and here.

How do you Register a Trademark?

To register your trademark you must file a trademark application with the United States Patent and Trademark Office. Applying for a trademark is a legal proceeding. The law requires that your trademark application must be examined before it can be approved.

Before filing a trademark application, it is important to determine if another company has already registered an identical or similar mark for the same type of goods and services, or if another company is already using a similar mark.

U.S. trademark protection is granted to the first entity to use a particular mark in the geographic area where it operates regardless of whether the mark is registered. Therefore, a review of federal registrations, state registrations, and “common law” unregistered trademarks before you file can save you from future costly legal problems.

You do not have to have a lawyer to file for trademark protection. However, working with an experienced lawyer may ultimately save you time and money.

What is Trademark Infringement?

Trademark Infringement is the unauthorized use of your trademark on competing or related goods and services. Whether someone is infringing on your Trademark turns on whether the defendant’s use causes a likelihood of confusion in the average consumer.

How do you Protect your Trademark?

While the USPTO registers trademarks, it is up to you to enforce and protect your trademarks. Therefore, when someone infringes on your trademark, it is important that you take immediate steps to protect it. This can be done through a cease and desist letter and/or through a lawsuit for infringement. The lawyers at Danks, Miller and Cory can help to protect your trademarks and other intellectual property.

Can I Register my Trademark in Mississippi?

The State of Mississippi has a trademark statute which allows you to register your trademark or service mark with the Office of the Mississippi Secretary of State. The ability to register with the State of Mississippi is not dependent upon any registration of a trademark or service mark with the U.S. Patent and Trademark Office.

Helping You Safeguard Your Intellectual Property

When you have invested your time and money in intellectual property, it is critical that you to take the steps that are available to protect your your brand, your proprietary process and your original inventions. To discuss how we can help you with your intellectual property needs, contact us by email or call our office locally at 601-957-3101.