What Is a Trademark?

By definition, a trademark includes, "Any word, name, symbol, slogan, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods." The importance of securing a trademark is monumental when you consider that it is the single greatest protection for your brand that you can achieve. If you have ever created a company that you built from the ground up, you can appreciate the amount of time and effort that goes into that process. Considering the relative ease of filing for a trademark to secure the uniqueness of your brand, its simply smart business to do so. So, what is involved? Let's examine the steps so that you can begin the process.

What are the benefits of a federal trademark registration?

• Constructive notice nationwide of the trademark owner's claim.
• Evidence of ownership of the trademark.
• Jurisdiction of federal courts may be invoked.
• Registration can be used as a basis for obtaining registration in foreign countries.
• Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

How do I find out whether a mark is already registered?

You can conduct a comprehensive trademark search that checks state, federal, common law, and domains.

Is a federal registration valid outside the United States?

In most countries no, but certain countries recognize a United States trademark. The laws of each country regarding registration should be consulted.

It is imperative that you protect your company and the first step in doing so is filing for a federal trademark!