{"id":770,"date":"2022-12-21T11:41:00","date_gmt":"2022-12-21T19:41:00","guid":{"rendered":"https:\/\/tbillicklaw.com\/?p=770"},"modified":"2022-10-19T11:41:51","modified_gmt":"2022-10-19T19:41:51","slug":"why-do-businesses-need-a-trademark-attorney","status":"publish","type":"post","link":"https:\/\/tbillicklaw.com\/why-do-businesses-need-a-trademark-attorney\/","title":{"rendered":"Why do Businesses Need a Trademark Attorney?"},"content":{"rendered":"\n

A trademark is a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of another. A service mark is a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. The term “trademark” is often used to refer to trademarks and service marks.<\/p>\n\n\n\n

Understanding Trademarks and the Registration Process<\/h2>\n\n\n\n

There are many different types of trademarks, but the two most common are “standard character” marks, which are words or letters without any design element, and “stylized” or “design” marks, which include a logo or design.<\/p>\n\n\n\n

A trademark can be registered with the United State Patent and Trademark Office<\/a> (USPTO), the federal agency responsible for overseeing trademarks. The registration process is relatively simple and inexpensive, and it provides the trademark owner with several important benefits, including the exclusive right to use the trademark nationwide and the ability to bring a lawsuit if someone else uses the trademark without permission.<\/p>\n\n\n\n

However, it is important to note that registering a trademark is not required to have trademark rights. Many people and businesses have valid trademark rights even though they have not registered their trademarks with the USPTO. These “common law” trademark rights arise automatically when someone uses a mark in commerce in connection with the sale of goods or services.<\/p>\n\n\n\n

Several different factors must be considered to determine whether a particular mark is eligible for federal trademark registration. These factors include, but are not limited to, the following:<\/p>\n\n\n\n