Your Guide To Understanding Volume 2: What Is A Trademark?

Opening a business is not only a huge accomplishment but also a major investment. Like any other investment, your goal should be to protect it. One of the ways to protect your business is though a trademark.

What is a Trademark?

A trademark is a branch of intellectual property. Intellectual property protection offers various different protective measures for different components of a business.

Trademarks serve as your brand’s identity. Think of a trademark as a way for consumers to be able to distinguish your goods or services in the marketplace. A trademark can be any word, phrase, symbol or a combination of any of those things.

Note: The term trademark is often times used to refer to both a trademark and a service mark. However, trademarks are for goods and service marks are used for services.

What does a trademark do for your brand?

A Trademark does the following:

• provides legal protection;

• identifies the source of your goods or services; and

• helps protect against counterfeiting and fraud.

How do you become a trademark owner?

Trademark ownership begins the moment you use your trademark in connection with your goods or services.

Note: Registration of a trademark is not required to retain rights. However, registration provides broader rights and protection as compared to unregistered trademarks.

Do you own your brands name?

Brands that are not protected by trademarks are at risk for losing the rights enforce on their content, brand name, slogan, and/or logo. A big misconception that business owners have is that an LLC is enough to protect their brand from counterfeiters and infringement. A trademark can protect you from a competitor stealing your entire brand identity. There is power in a trademark!

Stay tuned for Volume 2.1 where we go into the different types of trademarks. Isaboke Law is here to help with all your trademark needs. Inquires and questions should be sent to [email protected].

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