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Trademark Registration

Why Register A Trademark

Confers Many Legal Benefits

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What Is A Trademark

A trademark is any symbol, phrase or word that you use to identify the source of your goods or services. Coca-Cola is a famous trademark for a cola flavored beverage. Pepsi-Cola is another famous trademark for a different cola flavored beverage. Tiffany is a famous trademark for a retailer of luxury jewelry. APPLE and IBM are trademarks for computers. Trademarks allow companies to form a reputation for quality by consistently providing excellent products or services under the trademark. Once consumers have become accustomed to receiving excellent quality goods or services under the trademark, it is said that the trademark has acquired “good will,” which can make the trademark very valuable.

By providing a consistent level of quality in the goods or services provided under their trademarks, companies assist consumers to locate products or services of the quality they desire. For example, a consumer entering a retail store under the Tiffany trademark would expect excellent personalized service and that the items for sale would be of very high quality. A consumer purchasing a bottle of soda bearing the Coca-Cola trademark expects that the beverage inside the container will have very well-defined characteristics, such as the consumer has experienced in the past when purchasing Coca-Cola. If, however, a certain consumer had in the past tasted both Coca-Cola and Pepsi-Cola and found that she preferred one over the other, such consumer could opt in the future to purchase only the preferred flavor, and thanks to the trademark, it would be easy for her to do so.

Besides symbols, phrases or words, sounds can also function as trademarks. Think of the electronic musical notes your mind associates with the trademark INTEL or NBC – these sounds are trademarks.

Did You Know?

  • A trademark is any symbol, phrase or word used to identify the source of your goods or services
  • Successful companies spend many years and substantial amounts of money to develop their products and services. They also devote significant resources to developing and protecting their trademarks. That’s what it takes. So if you want to be truly successful you should make sure you have a good trademark lawyer on your side.
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What Does Generic Mean As Pertains To Trademarks?

If you sell mousetraps you need customers to find you. But you can’t call your online store “MOUSETRAPS” because everybody selling mousetraps has the right to use that word. So you need to come up with a marketable brand – a trademark – that you can claim exclusive rights to. For example, WHAMM brand mousetraps. That’s where we come in. We can help you select a strong trademark and conduct a comprehensive trademark search to help ascertain whether the mark is available for your use and registration with the USPTO.

Did You Know?

Generic terms can never be trademarks. A trademark identifies the source of goods or services, but cannot be the name for the type of product or service. Thus, while cola beverages from different sources can be marketed under the trademarks Coca-Cola and Pepsi-Cola, no one could claim ownership of the term “cola” as a trademark, because this is the name of the thing itself. Thus, a trademark cannot be the generic name for the thing being sold. You can’t own the trademark COFFEE for your brand of coffee.

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Marketing

Speaking of mousetraps, you’ll need to come up with a marketing plan, and your trademark has to mesh with your marketing strategy. Maybe WHAMM doesn’t quite square with the image you are trying to convey for your high-end mousetraps. Before you get too deep into developing that marketing strategy it’s time call your trademark attorney. We can discuss your situation and help you select and clear a trademark that will fit your brand identity and enhance your marketing campaign.

Relax

When you call our office you’ll speak to a reliable trademark attorney with over fifteen years’ experience practicing trademark law. You won’t have to worry about the quality of the advice you are getting. We provide a full suite of trademark search and application services to our clients – from consultation in the selection of their trademark to clearance of the trademark and filing and prosecution of an application to register the trademark with the USPTO. And what’s even better is this: It’s part of our firm credo to not accept a client unless we are confident our services will be beneficial.** Certain clients or cases therefore must be declined. So you can be sure we won’t take you on as a client unless we have a good faith belief we can help you. We want to provide excellent value to every client.

Small Potatoes

Some lawyers treat their clients like small potatoes. We never do. Instead of small potatoes, we treat our clients like VIPs.

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Helping Trademark Owners Across The Country Manage Their Trademarks

We have assisted trademark owners in New York, California, Florida, Texas and throughout the United States with their federal trademark matters for many years.  We can help you manage your trademark portfolio and enforce your rights if necessary through proceedings at the USPTO and the Trademark Trial and Appeal Board. Learn More