MISSISSIPPI TRADEMARK LAWYERS
What is a Trademark?
A trademark is a word, phrase or symbol that identifies and distinguishes your goods from the goods made by everyone else.
Similar to a trademark is a “service mark.” A service mark is a word, phrase or symbol that identifies and distinguishes your services form the services provided by everyone else.
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, you should review of federal registrations, state registrations, and “common law” unregistered trademarks before you use a mark in connection with your business. This can save you from future costly legal problems.
How do you create an effective Trademark?
The most effective trademarks are highly distinctive. To understand more about the hierarchy of marks, click here.
Before using your mark, or filing for trademark registration, you should determine if another company is already using or has already registered a similar mark. The failure to do this can cost you time and money. It can also result in being on the wrong side of a trademark infringement lawsuit.
How do you Register a Trademark?
The registration process starts with filing an application with the United States Patent and Trademark Office. This is a legal proceeding.
Once filed, your trademark application must go through the process of being examined and approved by a trademark examiner.
What is Trademark Infringement?
Trademark Infringement is the unauthorized use of a trademark on competing or related goods and services. Whether someone is infringing on anther’s trademark depends on whether there is a likelihood of confusion.
How do you Protect your Trademark?
Once your trademark registration is approved by the USPTO, it is up to you to enforce and protect it.
If someone is infringing on your trademark, you should immediately take steps to protect it. This is done through a cease and desist letter, and if necessary, by filing an infringement lawsuit.
Can I Register my Trademark in Mississippi?
The State of Mississippi 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 Protect Your Trademarks
When you have invested your time and money in creating valuable trademarks, it is critical that you properly register them, and also that you protect them from infringement or potential loss.
To discuss how we can help you with your specific trademark needs, contact us by email or call 601-957-3101.