A Trademark, like a mystical talisman of old, is imbued with the power to protect its possessor from unscrupulous tactics of competitors. While this power is wielded by the provider of the service or product, the degree of power is determined by the consuming population. In other words, does your Trademark or Servicemark draw a line in the mind of the consumer between your product and you as the origin of that product?
Early in building a business, trademark registration is often set to the side. Later, as the business becomes established and stable, attention often shifts to a more long-term perspective. Federal registration is a worthwhile investment. There is some cost in initially obtaining registration, but after that, trademarks maintained with periodic fees do not expire as long as they are used. Owning a registered trademark provides a National remedy against competitors who may try to capitalize on your hard-earned goodwill. Specifically, they prevent others from using your trademark in a way that would likely confuse the customer as to the origin of the goods. Most commonly, this is when a competitor produces goods that are intended to make customers think that they are buying your ‘genuine article’.
At Hibbs Law, LLC, we can walk you through the process of determining what logos, words, and characteristics you should trademark; of obtaining trademark rights through state and federal registration; and of evaluating your sentry procedures, maintaining your mark, and enforcing those rights.