Knowing When It’s Time to Trademark

While it is always important to keep a watchful eye over your company’s intellectual property, it can be costly and misguided to take an overly aggressive stance in seeking to formally secure your rights. Filing for trademarks, copyrights, and patents without conducting the proper research or without considering the merit and necessity of each on a case by case basis can needlessly bleed your company of vital resources. Not only that, but a poorly compiled application is apt to be rejected or to provide little protection if approved.

To help you identify the appropriate time and manner in which to file a trademark application, it is strongly advisable for you to consult with an experienced intellectual property attorney so that you can maximize the value of your prospective trademark. Contact the Des Moines business lawyers of LaMarca & Landry, P.C., at 877-327-2600.

Important Trademark Considerations

The formal registration of a trademark with the United States Patent and Trademark Office comes with a host of advantages over less official measures. But if you have a slogan, name, or other element that is readily identified by others as being directly associated with your company, you can utilize the symbol for trademarks “TM” or service marks “SM”. This lets consumers and competitors know that you intend to retain those elements exclusively. You cannot, however, use the registered trademark symbol until your application has been accepted by the USPTO.

Although it is not required for you to trademark something, it affords certain rights including:

• The ability to file suit in a federal jurisdiction over the use of your mark
• International presumption of trademark ownership when attempting to file overseas
• Legal presumption of ownership and nationally exclusive use of the mark

Contact Us

Make the right decisions about how to defend your intellectual property. Contact the Des Moines business lawyers of LaMarca & Landry, P.C., at 877-327-2600.