It is important that your business plan includes registering a trademark for brand protection. Trademarks are a necessary component of any business plan that helps establish a reputation for your business and differentiate your goods or services from your competitor’s. To ensure proper brand protection, enlist the services of a Denver Trademark attorney at Trenner Law Firm.
What is a Trademark?
Put simply, a trademark is a brand for your goods or services. Trademark is legally defined as any word, symbol, design, slogan, or combination of those elements that identifies the sources of your goods or services and distinguishes them from the goods and services of another party. Trademarks can include colors, sounds, and even smells—as long as it identifies the source of goods or services and distinguishes them from another party’s goods or services.
You may be asking yourself what the difference is between a trademark, patent, and copyright. A trademark protects a brand; a patent protects an invention; and a copyright protects artistic and literary works. Consult a Denver trademark attorney at Trenner Law if you need help with a trademark for your business.
When choosing a trademark, it is important to choose something that is strong. A mark is considered strong if it is distinctive and easily distinguishes the goods or services it represents.
Types of marks:
- Generic: Common, every day names/words.
- Example: Trademarking the word “shoes” if your product or service relates to shoes.
- Cannot be trademarked; considered weak
- Descriptive: Words that describe the goods or services.
- Example: Trademarking the word “light” for light weight laptops.
- Difficult to Trademark, but possible. Considered weak.
- Suggestive: A word or phrase that suggests quality or characteristics
- Example: Microsoft is considered suggestive because it implies software that is to be used on microcomputers.
- Can potentially be a strong mark if enough thought and imagination is put into it.
- Fanciful: Invented words that have no existing definition or known meaning.
- Example: XEROX is a trademarked name for a brand of photocopiers
- Strong marks that can be trademarked.
- Arbitrary: Actual words that have no relation or association with the goods or services.
- Example: Apple Computers, Bicycle Playing Cards
- Strong marks that can be trademarked
Why Hire a Trademark Attorney?
Registering a trademark is a complex process. Employing the services of a trademark lawyer in Denver can help ensure that you don’t infringe on another party’s trademark. Trademark infringement can result in having to destroy inventory and marketing materials, and a court battle that can result in monetary damages. Also, if you have registered a domain name that is trademarked by someone else, you may have to surrender that domain name. A qualified trademark attorney in Colorado can help you in the following areas:
- Search for existing trademarks
- Choose a strong trademark
- Prevent you from choosing a trademark that is confusingly similar to another
- Offer you legal opinions
- Interpret those search results
- Ensure you choose a mark that is legally protectable
- Navigate the application process
- Help you understand the scope of your rights