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Article #5: An Introduction to Trademarks

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






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