What is a Trademark?

New York, New, YorkI am often asked, “What is a trademark and what does it get me?”  Well, the first part of that questions is fairly straight forward, the second part, not so straight forward, but let me try to help.

What is a trademark?  A trademark is something that is used to promote your small business.  What immediately comes to mind is your small business name, however a mark could be a logo, a phrase, such as your tagline, a scent, a color, a sound, etc.  Small business owners often ask what I mean when I say a scent, well have you ever walked into those trendy stores, come on, I know you know what I’m talking about, and it does not matter if you walk into the store in Pleasanton, California or New York, New York, you smell that overwhelming scent that follows you around for the remainder of the day, well that is probably a trademarked scent.  Each time you smell that scent you know exactly where you are.  How about a color?  The best example I can give is IBM blue.  When I say IBM blue I’m not sure that there is anyone who does not automatically see the color I am speaking of.  How about a sound?  Well, you know when you boot up your windows computer and you hear that distinctive little jingle of a noise, yes, you know the one…well, that is an example of a sound that may be trademarked.  Bascially, a mark is used for something that is used to create recognition of your business.  Does that help answer the question of what is a trademark?

As for what it might get you as a small business owner, well that depends.  First your mark must be properly registered with the U.S. Patent and Trademark Office or your state trademark office.  Whether you file federally, within your state or even internationally may warrant a conversation with your small business attorney.  Once you have properly registered, then if you have to enforce the use you can obtain protections such as filing a lawsuit, claiming economic harm (loss of money due to some else’s use of your mark), and even fines and attorney’s fees.  These may all be available to you in protection of your use of the small business mark you have properly registered.

So, what is a trademark?  It can be many things and it can be protected in just as many ways.

If you have questions about trademarks, Integrated General Counsel can help you determine your next steps.  If you are ready for a results-driven plan of action, contact us either by telephone at (925) 399-1529, schedule yourself into our calendar for an appointment at a time convenient for you, or complete the Contact Kristen form and we will get back to you.

 

{ 0 comments }

To Trademark or Not to Trademark Your Small Business Name

Although a trademark can be an essential element of your small business assets, is it really necessary?  I have clients that get advice from people that ends up to be all over the map.  The reality is that if you want to file for a trademark, sooner is typically better than later.  This is for the simple fact that if you wait until your brand becomes wildly popular before perfecting your mark, you may be in a defensive position prior to getting this process going.

So, before you can determine if you want to file for a trademark, you should determine what your small business name will be.  Think of three or four names that you could name your small business.  Then consider doing each of the following for each of the three or four small business names you came up with:

1. Search Google: Check to see if the name your are interested comes up and, if so, what is the reference it came up for?

2. Search the Secretary of State’s business directory:  Determine if another business is using the name you are interested in using for your small business.

3. Search Your county Recorder’s Office business directory:  This can be done either at the Recorder’s office or online.  Rule out the possibility that another business in your county is using the small business name you are interested in.

4. Search a Domain Name provider:  Search for the domain name for the names you are interested in using , if the domain name (that’s www.yournamehere.com) is available you would be wise to purchase it.  People are searching all the time for various names so if it’s available now purchase it because when you go back to buy it later, it may be taken.  Just think of it as an investment in your small business.

You should complete each of the above steps for each name you have decided is interesting for your small business before you start your branding and definitely before you think about a trademark because having this information in your back pocket will provide much of the groundwork that needs to be done prior to perfecting your mark.

If, based on all of the above, the name you have picked is still available, then you can apply to register with the U.S. Patent and Trademark Office (or obtain an attorney’s help.) Once you do so, then you should can using the trademark symbol ™. You can use the “TM” symbol as soon as you are claiming the name in usage but you cannot use the symbol ® until the mark is actually registered.

If you have questions about trademarks, Integrated General Counsel can help you determine your next steps.  If you are ready for a results-driven plan of action, contact us either by telephone at (925) 399-1529, schedule yourself into our calendar for an appointment at a time convenient for you, or complete the Contact Kristen form and we will get back to you.

 

{ 0 comments }

Small Business Accounting: What Do You Need to Know?

March 30, 2012

Small business accounting is something that is important for small business owners to keep their eye on, but most of us don’t.  Something I often talk to my clients about is the accounting or financials they should have in place for their small business.  Let’s face it, as small business owners we have a lot [...]

Read the full article →

Is Trademark Registration Required to Protect Your Business Name?

March 30, 2012

In short, a trademark registration is not required, but is often helpful in your quest to protect your brand.  A trademark can be obtained for a word, a phrase or a design, think logo, that is unique to your product or service and identifies that product or service as associated with your business. In the [...]

Read the full article →

Attorneys’ Fees Provisions in Your Contracts, Should You or Shouldn’t You?

March 14, 2012

Attorneys’ fees provisions in contracts can be tricky.  The general rule in California, each party takes responsibility for his or her own attorneys’ fees unless the parties agree otherwise, although some “specialty” rules exist that reallocate payment of attorneys’ fees or mandate “fee shifting.” Generally, the attorneys’ fees provision in a contract will read something like: The [...]

Read the full article →

How to Get More Done!

March 14, 2012

Carefully schedule your week and for every day write down the things you have to do. When done, number these items in the order of their real importance.  First thing every morning, you start working on number one and stay with it until it’s completed. Then take number two, and don’t go any further until [...]

Read the full article →

New regulations help employers with 401k plans reduce liability exposures

February 21, 2012

When business owners offer their employees a retirement plan benefit they have a personal responsibility to make sure that the fees charged are reasonable. Realizing that many employers are unaware of all the fees they’re paying, the Department of Labor is requiring plan providers to more clearly disclose the fees being charged. Fees vary a [...]

Read the full article →

Will a Trademark Protect Your Business?

December 21, 2011

When is the right time to trademark your business name?  You worked long and hard to come up with a catchy name for your business, now how do you protect it?   Perfecting a trademark can be an important part of your asset and intellectual property portfolio. As your business grows and you become more [...]

Read the full article →

If You Are Lacking the Proper Business Entity You May Be At Risk

December 19, 2011

Why operate your small business under the proper business entity?  In short, it depends.  It depends on your goals and those of your small business, but don’t worry, when you work with the right business lawyer, all that will be fleshed out with you.  You should note that the best entity for you and your [...]

Read the full article →

Starting a Small Business?

October 21, 2011

So, you’re starting a small business…congratulations!  You are embarking on one of the best rides of your life.  I say that because starting a small business is enthralling, but definitely has its highs and lows.  Furthermore, starting a small business takes consistent work.  Yes, the grass can be greener, but it can be bleak.  I’m [...]

Read the full article →

← Previous Entries