Patent and Trademark



             


Wednesday, December 26, 2007

What Is A TradeMark And Why Should I Have One?

The short answer to this question is that a trademark can become a brand. Even if you're business is local, a brand name is important not only from a marketing but also a customer perception basis.

When many people think government business registration documents, they naturally think patents. General copyrights which establish ownership of certain types of property like writings, music etc. Trademark registration however is used to establish ownership rights to a specific design, character, lettering style or combinations and of all these into 1 single general identifying mark.

Good examples of Trademarked products would be the NIKE swoosh or McDonalds Golden Arches. These trademarked designs are readily identifiable with the company using them. Trademarks, Servicemarks and other official registrations are good because they establish ownership. That is, you simply could not open up a fast food restaurant and use the McDonalds

If you're considering a trademark, the first thing to do is a quick check to make certain what you want to register is even available.

There are many trademarks of obscure companies that may be similar enough to your idea to create confusion and a potential problem. This research can be done by several methods including the use of a patent and trademark attorney. A better approach, especially if you're a small company or one starting out, is to simply contact the federal government and request information on the process steps. The first stop on your journey should be http://www.uspto.gov to get the latest information and process to follow.

Be advised that the federal government is pushing for paperless transactions whenever possible. Their current fees to process a trademark application is 325 dollars if filed electronically. If you prefer to file the application with physical paper

In addition to the application and fee, a drawing must be presented showing your design and proposed trademark. You should also be prepared to have examples of how you're using the proposed trademark - Servicemarks currently in your business. If approved, you will then have the exclusive ownership of that particular design.

The benefits of having an easily recognizable Servicemarks cannot be denied. Go anywhere around the world and even if you cannot read the language, a familiar red can with silver ribbons will announce and identify the drink in the container as Coke, the real thing! How much more valuable would your business be if you had a service mark as distinctive and as easily recognizable as a can of Coca-Cola?

Abigail Franks writes on a variety of subjects which include family, travel, health, and business. For More information on Trademarks visit the site at http://www.trademarks.openbriefcase.com

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