As a business owner, it goes without saying that you need to protect your business and intellectual property. This can easily be done by gaining a trademark patent on your logo and brand name, however the legality of doing so can be a bit confusing for a beginner. So, here is how an experienced trademark attorney Naperville, Illinois relies on at the Law Offices of Konrad Sherinian can help you.
What is Trademark Law?
Trademarks are known as source identifiers, which are basically what people see and associate with your product, services, and company. Your trademark can include anything from a word, a name, a logo, and/or device that is intended to make you stand out from other competitors in your niche.
Typically, trademarks include a variety of the following:
A design: such as the apple with a bite taken out of it for Apple products like iPhones
A slogan: your business’s catchphrase, such as Nike’s Just Do It
A shape: the shape of your product, for example Coca-cola has a patent on the shape of the glass bottle it is served in
A sound: such as the ding you hear when NBC news comes on broadcast
A color or smell: this can be a specific perfume scent or a color that has been created by your company
Patents VS. Trademarks
There are many misconceptions concerning patents and a company’s trademark. Simply put, a patent is there to protect a new invention, while a trademark protects the specific branding that goes into promoting that new invention. For example, a patent could be for a specific type of sneaker, and the trademark is how that company markets it.
It is important to work with a trusted Naperville, IL trademark attorney from when going through trademark proceedings as this is a legal process overlooked by the U.S government. Your lawyer will help you determine if your trademark is unique enough to pass licensing laws such as:
- Disconcerting if your claim can be federally registrable
- The trademark properly identifies your specific goods and services and is deemed unique enough
- The trademark hasn’t already been used by a competitor
Additionally, your Naperville, IL trademark attorney will help you choose what procedure to file your claim by:
Use-Based Applications: defined as “bona fide use of a mark in the ordinary course of trade.” These are goods that will be transported between state and country lines for purchase.
Intent to Use Applications: this is your first step in filing a trademark for a product or services that you will be filing a use-based application for within six months.
Foreign Applications: these are used when the owner of the trademark wants to file protection of their goods and services in both the United States and their home country.
Trademark law can be a confusing road to navigate, which is why a trademark attorney Naperville, IL trusts from the Law Offices of Konrad Sherinian is here to help you. Make sure things go as smoothly as possible with our experienced attorneys on your side. Protecting your business is our first priority, so do not hesitate to contact an experienced Naperville, IL trademark attorney today from the Law Offices of Konrad Sherinian to get your process started.