Brand Protection

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What is Trademark:

A trademark is any word; name, symbol or device used, or intended to be used, in interstate commerce to distinguish the products and services of one company or individual from those of another. In addition to names and logos, trademarks can include any device that distinguishes the source of goods or services. This can include color (e.g., pink for insulation) or even sounds (e.g., NBC's chimes).

What Can Be Trademark:

A business name, phrase or logo may be registered as a trademark if it is, fanciful, arbitrary or suggestive.

• Fanciful - Fanciful marks are generally marks without a dictionary meaning. Examples include, Exxon and Xerox.
• Arbitrary - Arbitrary marks have nothing to do with the goods or services with which they are associated. Examples include Diesel for clothing and Apple for computers.
• Suggestive - Suggestive marks indirectly refer to the goods or services with which they are associated. Examples include Greyhound for bus services indicating swiftness.
• Fanciful, arbitrary and suggestive marks are good choices when choosing a potential trademark or service mark.

Trade Mark Rights

Obtaining the rights in a trade mark means obtaining the right to prevent others from using the same or a similar mark on the same or similar products or services.

The Benefits of Registering:

Your business name and logo and the goodwill associated with them are valuable assets. Registration provides comprehensive protection and enables you to prevent others from using your trademark.

• A registered trademark indicates that your business name is secure.
• A registered trademark can be a valuable asset if you decide to sell your business.
• By registering your trademark you can establish superior rights in your mark and acquire incontestability after five years of continuous use and registration of the trademark.
• The registration symbol ® may only be used once your mark is registered. Use of the ® symbol before your mark is registered is illegal. 
• Your business name and logo and the goodwill associated with them are valuable assets. Registration provides comprehensive protection and enables you to prevent others from using your trademark.
• The owner of a registered mark is entitled to a presumption of mark ownership and exclusive use since the application filing date.
• An owner of a registered mark is entitled to triple damages and attorney fees in certain cases.
• You can prevent others from using a confusingly similar name.

Copyright

A copyright is a form of intellectual property law which protects original works of authorship including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer software and architecture. Copyright law does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

Advantages of Copyright Registration

• Copyright registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, copyright registration is necessary for works of U.S. origin.
• If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Copyright registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing

Patent

A patent is an exclusive right granted for an invention. Such invention must be a product or a process that provides a new way of doing something, or that offers a new technical solution to a problem.

The patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 20 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the owner's consent