I love all things branding. I love beautifully designed clothes, shoes, interior design and graphic design. I admire how graphic designers and artists are able to create beautifully designed logos and other graphics from what seems like thin air. These designers play a pivotal role in forming a company’s brand identity.
When it comes to protecting your brand, not only is the choice of your mark to represent your business important for marketing and sales purposes, it’s also important when it comes to registering your mark with the United States Patent and Trademark Office (USPTO).
After investing substantial financial resources in the development of a mark and/or becoming emotionally attached to a mark, it’s devastating for a client to learn that the trademark is already in use by a third party or too descriptive to be protectable. It’s important to be proactive and work with a trademark attorney early on in the creative process to mitigate the risk of a weak mark. The most important requirement for the registrability of a trademark is that the mark be distinct and not generic.
Marks are distinct and will likely be registerable by the USPTO if a consumer of the goods or services has never encountered the mark before. To avoid having to re-name or re-brand your entire business, it’s wise to first work with an attorney to discuss the advantages and disadvantages of certain marks and to conduct preliminary searches to find out the viability of registering the mark.
If you’re interested in working with our firm to learn more about registering your mark with the USPTO, contact us here.
**This post is for educational purposes only. No attorney-client relationship has been formed.
