An Introduction to Trademarks

In marketing, there is a particular strategy known aseffort to swipe your customers or confuse the public.
branding. In many ways, trademarks are designed toWith your mark, you can sue to stop the infringement
protect your brand from use by others.and recover monetary damages suffered. Basically, a
An Introduction to Trademarkstrademark is a hammer for stopping nefarious conduct
A trademark is a form of intellectual property.cold.
Intellectual property is owned by the person orTo obtain a trademark, you must have patience,
business creating it. With practically all forms ofpatience and more patience. The mark is obtained
intellectual property, however, you have to take stepsthrough the Patent and Trademark Office. It is a very
to formally notify the world of your property andslow process. You or your attorney do a search to
protect it.make sure are not in conflict with any previous marks.
A trademark is a distinctive mark used to identify aYou then file an application and begin waiting. Within 8
product, company, service or device. When you thinkweeks, the Patent and Trademark Office will send
about it, you are very familiar with trademarks. At theyou a notification indicating they acknowledge receiving
risk of being sued to the high heavens, the followingyour application. Just receiving it! You will then wait
are trademarks: Coca Cola, Pepsi, Google, EBay andanother 6 months or so to hear if the application is
Toyota. Each of these words mean something to youaccepted. Often you will receive correspondence
and are readily identifiable with a product or service inasking for clarification or raising a problem. You then
your mind. When you think of EBay, you immediatelyprovide a response and wait. Months will pass.
think of an online auction site that was originallyEventually, the back and forth will come to final result. If
created so the owner's girlfriend could trade Pezyour trademark application is accepted, it will be
dispensers [true]. When you think of Toyota, you thinkpublished and you are protected. The process is so
of cars. This is the power of brand recognition andlengthy that it is not uncommon for it take well over a
trademarks are used to protect them.year for the application to be approved. In short, you
A trademark is a powerful thing when it comes to theare going to need a lot of patience.
law. If you obtain a trademark, it is binding nationwideWhile obtaining a trademark can take forever, it is well
and others are not allowed to infringe upon it in anworth the effort.