Protection For Your Business Name and Slogan

A business’ name, product name and slogan are crucial business and promoting tools. In light of the time, effort and dollars which go into selling plans and adverts, it is critical that before such money is expended, the business be certain that its names and slogan are protectable and non-infringing. Nonetheless there are both problems and hurdles that should be considered in choosing and shielding your business names and slogan as exclusive selling tools.

A business’ names or slogan may be protected by either a trademark or service mark (sometimes collectively referred to as “marks”). Trademarks and service marks provide the same protection. A trademark applies to a mark which describes goods and a service mark applies to a mark which describes services. Companies often fail to realize the importance of marks. A name may be the most valuable asset a company has. A business owner may think that just because a secretary of state gives it clearance, the name is protected, but that isn’t the case. They need a trademark search.

Trademark or service mark protection is available at the state level or Fed level. A state mark is enforceable in the limits of that state only. A Fed registered mark is regarded effective countrywide, whether or not the owner of the mark isn’t presently doing business in a particular state. Also, when a mark is protected at the federal level, the whole country is put on constructive notice of such registration. The results of a national registration and this constructive notice provision effectively freezes all non-registered users of the same mark, or confusingly similar mark.

A business’ names and slogan are unique promoting tools. When a mark is correctly composed and joined to the goods or service advertising, the mark can be obviously protected. To avoid possible contravention issues, a business must employ care when developing its mark. If your company is at present employing a mark, or considering the inception of a name or slogan, then you must conduct a trademark search. Once your claim for a mark with the PTO has been approved, the practicable press campaign could be finished and launched with advice by trademark counsel regarding the correct utilization of the mark.

Gary Price is a practicing attorney for over twenty (20) years, specializing in intellectual property matters including patent, trademark and copyright law.

Find out more about Trademark Law. Stop by Gary Price’s site and learn more on Protecting Your Business Name and what it can do for you.

Published by: Gary Price on May 14th, 2010 | Filed under Trademarks



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