What is a Trademark?

 

A trademark is a form of protection provided by the laws of the United States for names, phrases, symbols, logos, and even unique sounds. Trademarks are used both to identify a good or service and also to distinguish the good or service from others. Most of us recognize trademarked goods from the use of the ™ mark or the ® mark. Technically, the ™ symbol indicates that the item has applied for a trademark, and the ® symbol indicates that the item has been granted a trademark. 

 

 

Why do I need a Trademark?

 

Many people begin thinking about obtaining a trademark when they decide they have a name or logo of such value that they wish to ensure its brand protection. This is the main reason for registering a trademark. However, ensuring that the use of a name or logo isn’t infringing upon someone else’s trademark is equally or more important. 

 

Contrary to popular belief, ownership of a domain name or the registration of your business name with your state does not grant trademark protection. Often times in the process of starting a business, the topic of trademark gets overlooked, and people are not informed of the importance of registering a trademark, nor of the importance of registering a trademark early in the business plan.

 

Going through the steps of a proper trademark search and application prior to spending a lot of time and money on your branding can alleviate a lot of future legal battles and expenses. 

 

 

Can I work with creative law studio if I’m not a Pennsylvania resident?

 

Yes! Trademark law is one of the very few areas of law that falls under the federal government’s original jurisdiction. This means that we work with individuals and businesses all over the country. As creative law studio is a web-based law boutique, and with the United States Patent and Trademark Office being completely web-based, we are easily able to meet our clients’ needs without in-person appointments. 

 

 

How do I get started?

 

While the trademark process is long and complex, we will narrow it down into 2 simple steps for you. To get started, just call the number below or go to our booking page, and you will be set up with a 30-minute consultation. And yes, your consultation will be with an actual attorney – not a robot. 

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717.883.6832

 

 

 

 

 

 

 

 

 

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What is a Copyright?

 

Trademark, copyright and patent laws all fall under the general realm of “intellectual property” law. Like a trademark protects an owner’s rights to a word, name, design, symbol or logo, a copyright also provides protection. This form of protection is provided by the laws of the United States for “original works of authorship.” This includes literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. A work that has been granted a copyright can be recognized by the © symbol.

 

The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. 

 

United States Constitution, Article I, Section 8

 

 

What is a Patent?

 

Trademark, copyright and patent laws all fall under the general realm of “intellectual property” law. Just as a trademark protects an owner’s rights to a name or logo, a patent is a form of protection provided by the laws of the United States, protecting the rights of any person who invents or discovers new, novel, non-obvious, useful process, machine or composition of matter.

 

The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. 

 

United States Constitution, Article I, Section 8