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