If you are a business owner, there are so many things that you have to make sure get taken care of. One of the things that should be taken care of, but often overlooked is the process of applying for and getting a trademark for your business. At Beard St. Clair Gaffney, it is our mission to help you keep what is yours. As we help you get your trademark, we are here to guide you through the process, so that you can protect the intellectual property that your business owns.

What is a Trademark?

A trademark is a word, phrase or symbol that will allow people to identify your brand. This is something that you can use with your branding so that your consumers or potential consumers can associate with your brand. A trademark is associated with goods that are sold. One interesting thing about trademarks is that they are industry specific. You could have a trademark on a certain phrase, however that is only applicable in your industry. It is not all-inclusive for every business ever, just within your industry. Common examples of trademarks include brand names, colors, logos, sounds, business names and even smells can be trademarked.

What Can’t be Trademarked

While the list of what you can trademark may seem to be quite extensive, there are some limits as to what can and cannot be trademarked.

A Mark too Similar to One in Use

In order to protect your rights, it is not allowed to trademark a mark that is very similar to one that is already in use. This prevents other companies from stealing your idea, so that your brand can be distinguishable from other brands within your industry. This rule also promotes further creativity for business owners to develop a unique brand that has not already been developed and claimed by another company.

Commonly Used Phrases

If you want to make sure that your company slogan is able to be trademarked, then you will need to make it unique. Phrases that are commonly used by the public are not available to be trademarked. This regulation is in place because if a common phrase were to be trademarked, it would completely lose the functionality of a trademark. It does not work as a trademark if it is a common saying that everyone says. Very rarely can a company get approved for a trademark if it is a common phrase that is used, and if that happens, the company must prove that there is a secondary meaning to the phrase.

Why Do You Need a Trademark?

A trademark is not essential in running a successful company. It however, odes help you develop a branding strategy so that people can recognize your business solely based upon looking at your mark. Having a trademark will also ensure that your ideas cannot be used by someone else within your industry. This is very beneficial when having a unique brand amongst all of your competitors. If there is a trademark infringement, however, then you will have the opportunity to press charges so that you get to keep what is rightfully yours.

When Should You Get a Trademark?

If you are a business owner, then you should consider getting a trademark as soon as you possibly can. Trademarks help you keep the intellectual property that is rightfully yours. If you choose to wait to get your trademark, then there is a potential that someone else could take your branding and use it as their own trademark. However, if you get your logo, slogan, or even colors trademarked right off the bat, then you are making it so that you are able to get your intellectual property protected.

How to Apply for a Trademark

The application to get a trademark is a very lengthy process and one that can be very complicated. However, the first step that needs to be taken is to ensure that the mark that you are looking to get trademarked is eligible. After making sure that your mark is able to be trademarked, there will then be a lot of applications and paperwork that will need to be filled out in order to get your trademark application sent off.

There is typically a length of time that consists of 12-18 months to get your trademark approved after all of the application process. However, this also depends largely if the application is filled out correctly when it is sent off for review. Having a trademark attorney will make the process a lot easier, as they will be in charge of making sure that everything is filled out correctly.

Hiring a trademark attorney at Beard St. Clair Gaffney, all of our attorneys are well experienced and qualified to help you get your trademark. They will make sure that all of the forms and applications are filled out correctly so that the process is not extended, and takes longer than it needs to. It is our priority to get you your trademark so that you can protect your intellectual property.

Why Beard St. Clair Gaffney?

Finding a trademark attorney can be challenging. However, at Beard St. Clair Gaffney, all of your attorneys are well qualified to handle your cases. We will take on the duty of making sure that your trademark application is filled out and filed correctly, so that we can get you your trademark as soon as possible. Whether it be getting your trademark, or fighting a trademark infringement. We have experience in all kinds of cases, so we are prepared for whatever may come your way. We will fight for you to make sure that your intellectual property stays yours, and that no one gets to use it without your permission.

Contact Us

If you are starting a small business and want your intellectual property to be protected, if you work for a big corporation and need a trademark, or if you think that there may be some trademark infringements, we are here to help. Contact us today, and we can get started on your trademark application.