A trademark is a recognizable word, symbol, design, sound, name, or product shape that is associated with specific products or services to identify a source of the product or services and distinguish it from other goods and services. 

 

Trademarks serve as a source indicator to show consumers who/what creates something. For example, the Coca Cola Logo indicates that the source of the product is the Coca-Cola company. The owner of a mark has the right to preclude someone from using that mark and even a different mark if the other mark causes confusion or is likely to deceive an appreciable manner of typical consumers into thinking that there is some association with the marks. The boundaries of enforceability are defined by where and in what markets an appreciable number of typical people could be confused.

 

To receive legal protection against infringement, the mark must be distinct. Some marks are inherently distinctive and therefore can be protected without anything additional. If a mark is not inherently distinctive, proof of secondary meaning is required to show that the mark acquired distinctiveness. Our firm can assist you in making your mark is distinctive. Trademarks have the potential to become generic when they are no longer distinctive, and once it becomes generic, trademark protection is not available. Our firm can assist your business in establishing a plan to prevent your trademarks from becoming generic. 

 

Trademarks do not need to be registered to be effective, but we recommend registering your trademarks to ensure they are protected from infringement. The United States Patent and Trademark Office provides protection to owners of trademarks that register their marks. Registered trademarks benefit both the mark owners and public consumers, by providing quality control and eliminating false association between products and services. 

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