The Trademark

When you began your business, did you research your company name on the USPTO website. The US Patent and Trademark Office should be the first stop on your journey. What is a trademark anyway? Is there a difference between a trademark, a patent, and a copyright? Here are some answers:

1. A service mark and a trademark are the same thing depending upon you type of business. Generally this is a word, a phrase, a symbol (think Nike), or a design that is going to distinguish your goods and services from someone else.

2. In protecting you company from “poachers” what would be your main goal? A trademark, a copyright and a patent protect different aspects. The trademark typically will protect the brand name and the logo used on goods and services. The copyright is a protection for original works of literature or art. The patentis used for an invention. You  may be using one type or all three depending upon your business model.

3. With the addition of social media and other online content you also need to protect you business in cyberspace. A domain name and a trademark are not the same thing. Because the trademark is an identifier of goods and services coming from a particular source, the use of the company name for a website address does not qualify as a source.

Registration of a domain name does not give you exclusive trademark rights. You may find out later that you are infringing upon someone’s existing trademark. On the flip side, creating a company name and using it does not necessarily qualify as trademark use either. Anyone can register to do business in a state with a particular name just by filling out a few documents. If no other company has filed to use that exact name in that state then you will likely receive your business authorization. This, again, does not give you trademark rights and other parties from other states can pop up and prevent you from doing business.

It is essential for you to search the USPTO first before starting a business. If there is any chance that the name you have chosen will conflict with a company listed through the USPTO then think of a different name. The expenses you will incur to change everything once you have business cards printed, website up and running and ads on television can be enormous if you are an infringer.

Don’t be the infringer on someone else’s business. Make your brand unique and create opportunities with the name such a licensing (that is another topic to be discussed later!).

pschultemarketing@gmail.com, http://truffleupagus.ecrater.com/