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Types of Intellectual Property: Trademarks, Copyrights, and Patents

Trademarks, copyrights, and patents are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights. Here’s how to tell them apart when deciding how to protect your company’s assets:

Types of Intellectual Property: Trademarks vs. Copyrights vs. Patents

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyright protects the form of expression (e.g., words) rather than the mode of expression (i.e., paper).

Copyrights are administered by the Copyright Office of the Library of Congress.

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

How Do Trademarks, Copyrights, and Patents Work?

Consider these examples:

Example: Imagine that you have invented a new kitchen gadget that everyone wants to buy. Using intellectual property law to protect your hard work, you would:

(1) Apply for a patent at the U.S. Patent and Trademark Office for your new “device”

(2) Apply for a Federal trademark to register and protect the brand name of the gadget

(3) Apply for a Federal copyright registration to protect the TV infomercial selling the gadget

Example: Consider your home computer.

The mechanisms inside are most likely protected by one or more patents. Anyone who makes any of the computer’s patented mechanisms during the term of a patent would be liable for patent infringement.

The computer’s instruction manual and software code are most likely protected by one or more copyrights. Anyone who makes a copy of either of these “works of authorship” during the term of the copyright would be liable for copyright infringement.

The name of the computer is most likely protected by a registered trademark. So long as the name continues to be used to identify a source, the user of any mark that is even likely to be confused with the name of the computer would be liable for trademark infringement.

DC Trademark Attorney

Amazon Best-Selling Author20+ Years ExperienceMember, Bar of the U.S. Supreme Court

2500+ Trademarks and Patents

Federal Trademarks: Protecting Your Brand

Protection with Federal trademarks

If you plan on being in business for any amount of time, you’ll be building a brand.

Brands are important.

Trademarks represent and protect brands.

Trademarks help customers find the products and services that they like. They also help customers recommend products and services to their friends. Plus, trademarks convey stability, trust, and tap the human preference for visuals.

For all of these reasons, trademarks have value. That is why you need to know how to protect yours.

Trademarks can be protected at three levels – common law, State, and Federal. Each offers very different protections with some significant limitations.

Understanding these differences and limitations shows why Federal trademarks are best.

 

Common law

These trademark rights do not require registration with any governmental agency. They are very limited because they:

extend only as far as the areas where the trademark is actually used;

do not extend to the Internet; and

are easily trumped by State and Federal trademarks.

 

State trademarks

These trademark rights are granted by respective States. But, like common law rights, they are limited because they only extend to the borders of a State.

 

 

Federal trademarks

Federal trademarks provide nationwide protections along with important legal presumptions like ownership and validity. These protections make enforcing your trademark rights easier and more effective.

Here are just a few ways that Federal trademarks offer superior protection.

 

They Put the Federal Government to Work for You

The U.S. Patent and Trademark Office will immediately begin rejecting

applications for trademarks that are similar to yours. In fact, the USPTO is legally required to refuse them.

 

They Come with a Legal Presumption of Ownership in All 50 States

A Federal trademark comes with a nationwide legal presumption of ownership of your trademark, along with an exclusive right to use it and access to Federal courts to protect it.

 

They Provide Enhanced Protection on Social Media

Social media services like Facebook, Instagram, and Twitter have policies in place to protect brands against abuse – provided that you can establish ownership. A Federal trademark makes establishing ownership a mere formality.

 

They Provide Enhanced Protection on the Web

When you secure a domain that includes your trademark, all of the legal protections and presumptions that accompany Federal trademarks apply to your web address.

 

They are Required to Access Amazon’s Brand Registry

The Amazon Brand Registry is an important and powerful brand protection tool. When you enroll, Amazon will look for and stop trademark violations. Amazon’s Brand Registry is limited to Federal trademarks, however.   

 

Federal Trademarks Make You Stand Out in a Crowd With the ®

Only owners of Federally registered trademarks are legally permitted to use the ® sign. This symbol is an attention grabber, in both the offline and online worlds.

 

They Reduce Future Trademark Problems

Registration adds your mark to the Federal trademark database, where it will be found by competitors searching for new names. They will have strong incentives to steer far clear of your Federally registered mark or face Federal litigation and money damages.

 

Trademarks are the foundation of every successful brand. Remember – people have relationships with brands, not products. The single best way to protect your brand is with a Federal trademark registration.

 

Protect Your Brand When Someone Copies It

Protect your brand

Your brand is WHO you are, WHAT you do, and WHY you do it.

It’s how consumers will first encounter your business.

It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it.

That’s why brands are important, especially for small businesses.

Trademarks (name + logo + slogan) represent brands.  Federal trademarks protect brands.

If you discover that another company is infringing your trademark, as a business owner you can and should take action to enforce your rights and protect your brand.

This is how to get started:

 

Know Your Trademark Rights and Protect Your Brand

A (Federal) trademark gives you the exclusive right to use your name + logo + slogan.

This exclusive right extends to all 50 States.

This exclusive right extends to all trademarks that are “confusingly similar.”

If (1) you have a Federal trademark, (2) the new brand is similar to (or the same as) your trademark, and (3) they started their business after you, then you can take steps to stop them.

Keep reading to see what to do next.

If you don’t have a Federal trademark, you can’t stop them yet. You may still be able to trademark the brand and stop these copycats. Consider talking with an experienced trademark lawyer.

 

Learn What You Can About Them so You Can Protect Your Brand

The first thing to do is to learn about them. Visit their website and social media pages. Grab screenshots. Take pictures of their products or advertisements.

You’ll want to find out:

  • What they sell
  • Where they sell it
  • When they first used the brand
  • Whether they have a Federal trademark

 

 

Keep it Off Social Media

You don’t want to post about it on social media. It can get you into legal trouble and won’t help.

We’ve seen defamation lawsuits that started when one company posted an Instagram story about another company stealing their brand.

Handle it offline – away from your customers.

 

Ask Yourself: Are They Too Close?

You’ll need to weigh whether they are using a trademark that is legally too close to yours. This test can get complex.

Still, they’re probably too similar if they meet these three conditions.

 

They Sound or Look Similar or Have a Similar Meaning

You’ll want to be broad about what sounds and looks similar.

For example, if the brands share a keyword, they may be too similar

Words like “Inc.” “The” or “And” won’t make a difference. You can ignore them.

You’ll also want to consider what the brands mean. If the brands allude to related feelings or even geographic locations, they may be too similar.

The use of another language won’t make a difference. In the US, hello and “hola,” for example, are treated as the same.

 

They Sell Similar Products + Services

You’ll want to be broad about what is a similar product or service.

They don’t need to be the same. Even complementary products and services can be “similar” for trademark infringement.

For example, shirts and bags could be too similar because many stores sell both.

 

They Sell to the Same Types of Customers or Through the Same Outlets

If their products and services can be sold in the same way that you sell yours, then they need to stay further away from your trademarks.

 

Get Legal Help

If you decide that someone is using a trademark that is too close to yours, contact a trademark lawyer to help you work through your many options.

Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer demanding that they stop infringement. Many times, however, other options are preferable. These include applying for a Federal trademark, sending a reservation of rights letter, or continued monitoring.

In the US, you are responsible for enforcing/protecting your trademark property rights. You can lose your trademark rights if you do not enforce them.

Trademark enforcement is not a DIY project. It involves Federal Statutes, legal analyses, and strategy. Also, you may inadvertently say something that can be used against you.

 

Trademark Renewal: Keeping Your Trademark Alive

Trademark Renewal

Congratulations! You’re the proud owner of a (Federal) trademark! You made a smart business decision to secure the trademark that represents your brand. Now it is time to learn about trademark renewal.

You now have the exclusive right to use it for the products and services that you sell. This means you’re the only one who can use it to represent your brand.

You don’t have to worry about copycats or rebranding. Plus, you have a leg up when it comes to legally protecting your trademarks.

Here is the really good news. A properly maintained Federal trademark may last forever – if you use it and keep it in good standing. If you don’t stay on top of your trademark renewal, someone else can take your trademark.

Here’s what you need to know.

 

 

Start Using the Trademark Symbol

You should add the ® symbol to the upper right corner of your mark wherever it is used. This includes on social media and especially your website.

The symbol lets the world know that your brand is protected nationally by Federal law.

For detailed rules on correct placement, frequency, and the difference between ®, TM, and SM, see our Guide to Trademark Symbols.

It also makes it easier to show that someone intentionally copied your mark.

You should not use any trademark with your corporate identity.

Example: Microsoft Corporation is a corporation in the State of Washington, but Microsoft® is a federally registered brand of software, computer hardware, and cloud services.

 

 

Use Your Mark

If you use your trademark to brand a product, then it must appear on the product (e.g., tags or labels), the product packaging, or on a display for the product.

If you use your mark to brand a service, then your mark must be used in the sale or advertising of the service (e.g., a website).

 

 

Be Consistent in How You Use It

You’ll need to continue using your trademarks in the exact same way. That means the same exact words, colors, spacing, and punctuation. You’ll also need to use it on the same products or services.

Any alteration in how you use a trademark could hurt your trademark rights.

 

 

Keep Using It

Trademark rights come from use in the marketplace. You need to use your trademark to brand the products or services that you sell. Otherwise, you risk losing it.

Also, you need to use your trademark to renew it (see below).

 

 

Look for Copycats

As a trademark owner, you need to find and stop copycats. Otherwise, you could lose your trademark rights.

While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

You’ll need to search for similar brands selling similar products or services. The best way to do this is with Internet searches. Some trademark owners set up “Google Alerts” to automate this process.

If you do see a similar brand, for similar products or services, you’ll want to have a trademark law firm prepare and send a trademark cease + desist letter.

 

 

Renew on Time

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.

These dates for trademark renewal are listed on your registration certificate and they’re vitally important.

If the documents are not filed by the due dates, your registration will be canceled and cannot be revived or reinstated.

@ Five years

    • You’ll need to file a Declaration of Continued Use. This states that you’re still using your mark. You’ll need to do this to continue your trademark rights.
    • Also, you may want to file a Declaration of Incontestability if you have used your mark continuously and consistently.
    • Incontestability means that your brand is strong and easier to legally protect. It also makes it harder for people to challenge your trademark.

@ Ten years

    • You’ll need to file a Declaration of Continued of Use. Again, this states that you’re still using your mark.
    • You’ll also need to file an Application for a Renewal.
    • This is required to continue using your trademark.

@ Every Ten years thereafter

    • You’ll need to file both a Declaration of Use + an Application for Renewal.

 

 

Get the Most Out of Your Trademark Protection

How to get the most out of your trademark

Trademarking your brand is a smart business decision. Knowing how to get the most out of it is just as important.

You are responsible for using and maintaining your trademarks. You want to keep it in good standing at the U.S. Patent and Trademark Office. You’ll also want to take the steps needed to get the most out of it. Here’s how.   

  1. Announce Your Registration to the World
  2. Start Using the Trademark Symbol
  3. Look for Copycats
  4. Consider Foreign Trademark Protection
  5. Periodically Check New Filings at the U.S. Patent and Trademark Office
  6. Keep Your Application Alive
  7. Register your mark with U.S. Customs and Border Protection  

 

Announce Your Registration to the World

Trademark registration conveys stability, scale, and, most importantly, credibility. Don’t keep it a secret! Plus, you’ve worked hard to register your trademark – celebrate it. Publicize your achievement by:

  • Posting on social media sites like Facebook®, Instagram®, LinkedIn®, and Twitter®, and;
  • Writing a blog post;
  • Issuing a press release;
  • Sending out an email to your subscribers; and
  • Mentioning your award in your newsletter. Creating awareness about your trademark registration very well might result in a bump in sales too!

 

Start Using the Trademark Symbol

You should add the ® symbol to the upper right corner of your mark wherever it is used. This includes on social media and especially your website. This lets the world know that your brand is protected nationally by Federal law.

It also makes it easier to show that someone intentionally copied your mark and get money damages.

Beware: Only Federal trademarks that have been granted an official registration certificate by the USPTO should use the ®. 

 

 

Trademark Protection Means Looking for Copycats

As a trademark owner, you need to find and stop copycats. Otherwise, you could lose your trademark rights. While the U.S. Patent and Trademark Office will prevent others from registering similar marks, it does not get involved with enforcement.

You’ll need to search for trademark infringement by checking for similar brands selling like products or services.

The best way to do this is with Internet searches. Some trademark owners set up “Google Alerts” to automate this process.

If you do see a similar brand, for similar products or services, you’ll want to have a trademark law firm prepare and send a trademark cease + desist letter.

 

Consider Foreign Trademark Protection

If you do business abroad, you can use your U.S. registration as a basis to obtain a registration in foreign countries. Consider Canada, China, the European Union, and Japan.

 

Periodically Check New Filings at the U.S. Patent and Trademark Office

The trademarking process is not perfect. The USPTO can make a mistake and approve a trademark that is too close to yours. If you discover a mistake, you have the option to oppose the registration of the new trademark. Talk with your trademark attorney.Often, applicants retreat at the first notice of an intent to oppose. 

 

Keep Your Trademark Alive

Trademarks may never expire – if you “check-in” with U.S. Patent and Trademark Office at specific times to let them know that you are still using your trademark.These dates are listed on your registration certificate.

  • The first renewal is due between the 5th and 6th year after the date of registration;
  • The second renewal is due between the 9th and 10th year after registration; and
  • The third and all subsequent renewals are due every ten years thereafter. These dates are important. If the documents are not filed timely, your registration will be canceled and cannot be revived or reinstated.

 

Watch Out for Scammers

There are private companies that try to impersonate the U.S. Patent and Trademark Office to scam people into paying fees to them. They often use names and terms like “United States,” “U.S.,” “Trademark,” “Patent,” “Registration,” “Office,” or “Agency” to make their solicitations look like official government documents. These solicitations are scams and have no connection with the USPTO. Unfortunately, this practice continues after registration. So, be sure to read trademark-related communications carefully before deciding to pay.

All official correspondence will be from the “United States Patent and Trademark Office” in Alexandria, VA, and if by email, specifically from the domain “@uspto.gov.” 

 

Register your mark with U.S. Customs and Border Protection (CBP)

If you are worried about cheap and/or inferior quality knock-offs hurting your brand, you can ask the CBP, a part of the Department of Homeland Security, to stop the importation of goods that infringe your Federal trademark. The CBP stops over $1 billion of infringing goods every year. The top seized commodities included apparel, accessories, consumer electronics, and pharmaceuticals.

 

 

What Are Registered Trademarks and Why Are They Important for Your Business

If you plan on being in business for any amount of time, registered trademarks are a part of building a brand.

Your brand is WHO you are, WHAT you do, and WHY you do it.

It’s how consumers will first encounter your business.

It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it.

Remember – people don’t have relationships with products; they are loyal to brands. That’s why brands are important.

 

What can be a Trademark?

Trademarks represent brands. Names, logos, phrases (slogans) are the most common types.

They help customers find the products and services that they like, and helps make them repeat customers.

They also help customers recommend products and services to their friends, and is free marketing.

Trademarks convey stability, trust, and tap the human preference for visuals, which makes your marketing more effective and less expensive.

 

What Can You with Registered Trademarks?

The three most common things that a business can trademark are:

Names. Usually, your company name or the name of your product.

Logo. Your company logo or other graphic used to brand your products

Phrases + slogans. The phrase you use to sell your products.

In most cases, names and logos are the cornerstones of brands.

Some examples of things that you cannot trademark include ideas (that’s for patents), creative works (that’s for copyrights), and mobile apps (code is protected by copyrights).

Registered Trademarks Protect Brands

A Federal trademark registration is the single best way to protect the mark(s) that reflect your brand.

It gives you the exclusive right to use your name + logo + slogan. This means you’re the only one who can use them to represent your brand.

If you don’t do this to your name, then anyone can use it. You won’t be able to stop someone from using your brand.

Plus, if someone else trademarks it first, they’ll own the exclusive right to use the brand nationally. You’ll have to rebrand or face expensive legal work.

That’s why it’s so important to get a Federal trademark as soon as possible.

 

When Should You Trademark Your Brand?

You should apply as soon as possible.

Federal law allows you to apply before you even start your business.  In fact, about 50% take advantage of these provisions.

Also, the process can take up to a year (you’re working with the Federal government after all!). So, starting earlier rather than later minimizes the time you’ll be selling without protection.

By doing this earlier rather than later, you’ll:

Identify potential roadblocks for your brand early. Every trademark application is reviewed by the U.S. Patent and Trademark Office. The sooner you file, the sooner you’ll receive word about possible conflicts with competitors, registrability issues, or other problems that may require choosing a different trademark.

Begin discouraging others from using even similar brands. Every application is added to the Federal trademark database, which is the primary source for all trademark searches. This means that your competitors will find it when they conduct their trademark searches. More importantly, from the very day your application is filed, it will block applications for similar trademarks!

Enjoy some instant credibility. Only a Federal registration gives you the legal right to use the ® symbol, which tells the world that you take your business and brand seriously.

Start the Clock Towards Incontestability of Your Trademark. After five years of use, your Federal trademark protection becomes incontestable. This means that it cannot be challenged based on earlier or competing use by others. You are the owner – end of story. The value of incontestable status cannot be understated because it supercharges your ability to enforce your rights.

In our experience, there is little to gain by waiting.

Trademark Your Brand: 7 Practical Reasons

trademark your brand

Your brand matters. After all, your brand is WHO you are, WHAT you do, and WHY you do it. Remember – people are loyal to brands, not products.

Trademarks protect brands. They are the foundation of every successful brand. That’s why it is important to trademark your brand.

The single best way to protect your brand is with a Federal trademark.

Here are seven practical reasons why you need to get a Federal trademark for your brand.

  1. You’ll Enjoy Enhanced Protection on Social Media
  2. You’ll Enjoy Enhanced Protection on the Web
  3. You’ll Have Access to Brand Registries Like Amazon’s Brand Registry
  4. You’ll be Able to Invest in Your Brand with Confidence
  5. You’ll Stand Out in a Crowd With the ®
  6. You’ll Enjoy Better Social Media Results
  7. You’ll Enjoy Some Instant Credibility

          Bonus Reason: You’ll Make Your Marketing Easier and Less Expensive

 

Reason #1 to Trademark Your Brand — You’ll Enjoy Enhanced Protection on Social Media

Social media services like Facebook, Instagram, and Twitter have policies in place to protect brands against abuse – provided that you can establish ownership. A Federal trademark makes establishing ownership a mere formality.

 

Reason #2 to Trademark Your Brand — You’ll Enjoy Enhanced Protection on the Web

A trademark is an exclusive right to use your name or logo. This means you’re the only one who can use it in your industry. When you secure a domain that includes your trademark, all of the legal protections and presumptions that accompany Federal trademarks apply to your web address.

 

Reason #3 to Trademark Your Brand — You’ll Have Access to Brand Registries Like Amazon’s Brand Registry

The Amazon Brand Registry is an important and powerful brand protection tool. When you enroll, Amazon will look for and stop trademark violations. Amazon’s Brand Registry is limited to Federal trademarks, however.

 

 

 

Reason #4 to Trademark Your Brand — You’ll Can Invest in Your Brand with Confidence

Trademarking your brand gives you the exclusive and nationwide right to use it for your brand.  This means you won’t risk having to rebrand. So, you can confidently invest in your website, business cards, and marketing.

 

Reason #5 to Trademark Your Brand — You’ll Stand Out in a Crowd With the ®

Only owners of Federally registered trademarks are legally permitted to use the ® sign. This symbol is an attention grabber, in both the offline and online worlds.

 

Reason #6 to Trademark Your Brand — You’ll Enjoy Better Social Media Results

Customers are searching, tagging, and commenting on brands using Facebook, Twitter, and Instagram more than ever. A memorable trademark translates into greater visibility, which translates into higher rankings that bring more traffic, more customers, and more brand recognition.

 

Reason #7 to Trademark Your Brand — You’ll Enjoy Some Instant Credibility

Only Federal trademark registration gives you the legal right to use the ® symbol, which tells the world that you take your business and brand seriously. Plus, the ® has been shown to validate the confidence your customers want to have in you. Every company (young or old) can do with some instant credibility, right?

 

Bonus Reason: You’ll Make Your Marketing Easier and Less Expensive

Science confirms that humans are hardwired to process information visually. Studies have shown that humans have evolved to receive 90% of all information visually. That’s “a picture is worth a 1000 words” and why trademarks matter. They are the single best way to incorporate visual marketing in both the online and offline worlds.

 

Why wouldn’t you protect your good name and hard work?

Building a business that proudly offers quality products takes enormous amounts of hard work, dedication, and courage. The effective branding of those products also takes valuable time and creativity. Doesn’t it just seem right to protect that effort and investment? After all, think of the sales you might lose if another company opened up using your same name.

 

Plus, rebranding will be expensive

At some point, you might face a challenge from a competitor over your brand. If you don’t take the necessary steps to clear and register your trademarks, you could find yourself in a battle that you don’t want to fight. Rebranding is a nightmare that can be avoided by thinking ahead and acting earlier rather than later.

 

In the end, it comes down to this:

If you’re serious about your business and your brand, then you need to protect them. A Federal trademark registration is the single best way to do that.

 

Seven Legal Reasons to Trademark Your Brand

Trademark Your Brand

Your brand matters. After all, your brand is WHO you are, WHAT you do, and WHY you do it. Remember – people are loyal to brands, not products.

Trademarks protect brands. They are the foundation of every successful brand. That’s why it is important to trademark your brand.

The single best way to protect your brand is with a Federal trademark.

Here are seven legal reasons why you need to get a Federal trademark for your brand.

  1. They Put the Federal Government to Work for You Protecting Your Brand
  2. They Come with Nationwide Protection
  3. They Deter Copycats
  4. They Make Protecting Your Brand Easier
  5. They Lead to More (and Repeat) Sales
  6. They Make Foreign Registrations Possible
  7. They Can Continue Indefinitely
  8. They Make Protecting Your Brand Easier

          Bonus Reason: They are Property With Real Monetary Value

 

Reason #1 to Trademark Your Brand — They Put the Federal Government to Work for You 

The U.S. Patent and Trademark Office will immediately begin rejecting

applications for trademarks that are similar to yours. In fact, the USPTO is legally required to refuse them. You can even ask the Department of Homeland Security to look for infringements at the border!

 

Reason #2 to Trademark Your Brand — Nationwide Protection

A Federal trademark comes with the legal presumptions of your ownership of your trademark in all 50 States, along with an exclusive right to use it and access to Federal courts to protect it.

 

Reason #3 to Trademark Your Brand — They Deter Copycats

Registration adds your mark to the Federal trademark database, where it will be found by competitors searching for new names. They will have strong incentives to steer far clear of your Federal rights, or risk having to rebrand.

 

 

 

Reason #4 to Trademark Your Brand — They Make Protecting It Easier

Your Federal registration will allow you to bring an action in Federal court for money damages. The threat of this potential legal option alone often causes infringers to stop.  In this way, a Federal registration makes it much easier, quicker, and cheaper for you to prevent competitors from using conflicting trademarks.

 

Reason #5 to Trademark Your Brand — They Lead to More (and Repeat) Sales

Trademarks help customers find the products and services that they like. This helps make them repeat customers, especially for e-commerce businesses. Also, trademarks help customers recommend products and services to their friends. This is free marketing.

 

Reason #6 to Trademark Your Brand — They Make Foreign Registrations Possible

A Federal trademark can be used to secure trademark protection in foreign countries like Canada, China, Mexico, and the United Kingdom.

 

Reason #7 to Trademark Your Brand — They Can Continue Indefinitely

Your Federal trademark registration may not expire as long as it is used in “interstate commerce” and certain filings are periodically made. In fact, some of the most recognized brands in the United States today have been registered for over a hundred years. Mercedes, for example, was first registered in 1900. Pepsi-Cola was registered in 1896.

 

Bonus Reason: They are Property Worth $

Federal trademarks are property.  They are the way you monetize a brand. The more your business reputation grows, the more valuable your brand can become. Federal trademarks can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to grow your business.

 

Why wouldn’t you protect your good name and hard work?

Building a business that proudly offers quality products takes enormous amounts of hard work, dedication, and courage. The effective branding of those products also takes valuable time and creativity. Doesn’t it just seem right to protect that effort and investment? After all, think of the sales you might lose if another company opened up using your same name.

 

Plus, rebranding will be expensive

At some point, you might face a challenge from a competitor over your brand. If you don’t take the necessary steps to clear and register your trademarks, you could find yourself in a battle that you don’t want to fight. Rebranding is a nightmare that can be avoided by thinking ahead and acting earlier rather than later.

 

In the end, it comes down to this:

If you’re serious about your business and your brand, then you need to protect them. A Federal trademark registration is the single best way to do that.

 

Register your trademark - click here.

The Trend of “Verse” Trademarks Applications for the Metaverse

The U.S. Patent and Trademark Office (USPTO) continues to receive an increasing number of new trademark applications for the Metaverse.  Included in this trend are applications for various “verses.”

This trend started with a trademark application filed by Pumpernickel Associates, LLC on February 3, 2022 for the name PANERAVERSE.  The USPTO assigned the application no. 97251535.

The trend continued with a trademark application filed by Panda Restaurant Group, Inc. on February 14, 2022 for the name PANDAVERSE. The USPTO assigned the application no. 97265873.

This trend continued further with with a trademark application filed by Wrangler Apparel Corp. on February 16, 2022 for the name WRANGLERVERSE. The USPTO assigned this application no. 97270043.

Top 10 Best Trademark Firm in DC

We are proud to announce that we have been recognized as one of the top trademark firms in Washington DC.  This time, Yelp! has ranked us as one of its top 10.  A big THANK YOU to our team and our clients. We couldn’t have done it without you!

Top 10 Trademark Firm

About The Top 10 Trademark Firm of Michael E. Kondoudis

Mr. Kondoudis is a US trademark attorney and a U.S. Patent and Trademark Office registered patent attorney. Mr. Kondoudis is an expert at navigating the U.S. Patent and Trademark Office. He is an Amazon best-selling author on trademarks and branding and is regularly interviewed about trademark and patent stories for national television and print media, including Bloomberg, Washington Lawyer, and Inventor’s Digest. His latest book, Going from Business Owner to Brand Owner, was a No. 1 on the Amazon bestseller list in 2017.

From the very start, our firm has aimed to provide common-sense approaches to the protection of brands and inventions. To these ends, we offer our services in much the same way as our clients do – with fixed prices and bundled services.

For over a decade, we have dedicated our practice to helping applicants large and small secure trademarks and patents at the U.S. Patent and Trademark Office. We’ve worked with some of the world’s leading corporations, including Microsoft®, Corel®, and Leica Geosystems®, just to name a few. Still, our primary focus remains start-ups and small businesses – like us.

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