You’ve worked hard to create a reputation for your business by consistently providing a quality product or service. It is important to the long term success of your business that your customers can identify your products, distinguish them from those of your competitors, and buy them with the confidence that your company can be relied upon to deliver the quality that they want.
To this end, you have undoubtedly worked hard to create a brand, an eye-catching logo, and a pithy slogan by which your customers will be able to quickly identify your offerings. These signs that identify your business and its products or services as distinct from others comprise your trademark. In a competitive business environment, a trademark that signifies excellence to your consuming public is gold.
A trademark symbolizes the unique characteristics of your business and the quality that you work so hard to deliver. So naturally you will want to protect any art work, advertising phrase, or brand name that connects your customers to you and what you provide. You can do this by registering your trademark with the State of Texas and the federal patent and trademark office (USPTO), assuming it meets certain legal requirements:
- Your trademark must already be in use before you submit your application. If you are applying for registration in Texas, it must be in use in the State.
- Your trademark must be distinctive.
- Your trademark must not be similar enough to any other currently registered with the Texas Secretary of State office or the USPTO that it might cause confusion or deceive a potential consumer.
Why You Should Register Your Trademark
If you close not to register your trademark, you still have certain common law rights to its benefits. By affixing the trademark sign (™) to your work, you are giving constructive notice to the public of your claim of ownership of the mark. Registration of the trademark gives you added benefits:
- Registration creates a legal presumption of your ownership of the mark and exclusive right to use the mark;
- Registration gives you the right to bring a legal action concerning the trademark in state or federal court;
- Your federal registration can be used as a basis for obtaining registration in other countries;
- Your federal registration allows you to file with the U.S. Customs Service to prevent importation foreign goods infringing on your trademark rights.
The Importance of Using a Texas Trademark Attorney for State and Federal Applications
Having an intellectual property attorney assist you with your application is always beneficial. Your application must be examined to determine that it meets all legal requirements. Many applications, particularly those filed without qualified legal assistance, are denied. A successful trademark application requires significant research and specific knowledge of a complex process, which you will find when you engage the services of a dedicated intellectual property attorney, such as those who practice at the Dallas, Texas, law firm of Yee & Associates. The processing of application for trademark registration can take time, and obstacles often arise. Having an attorney who is specifically licensed and registered to practice in this complex area of law before the USPTO can expedite the process and prevent a rejection of your application by the examiner. When one does occur, your lawyer will be able to respond to the stated reasons for the rejection and work through the issues with the examiner in order to successfully complete your registration. Most attorneys lack this specialized licensing and USPTO registration, which is in addition to a regular license to practice law in Texas, so make sure you hire a licensed and registered specialist, such as the attorneys of Yee & Associates.
Dedicated to Intellectual Property Law
At Yee & Associates, our law practice is dedicated exclusively to protecting the intellectual property of our clients, including patents, trademarks, trade secrets, copyrights, and other complex issues in this challenging practice area. We are licensed and registered to practice before the USPTO and bring to the table the expertise that comes with years of experience assisting and protecting inventors, business owners, artists, and others whose intellectual endeavors are so important to a dynamic economy. Protect the fruits of your labor by contacting the Yee law firm today. Taking the important step of registering your trademark now can save many problems, including the loss of business value and the need for litigation should infringements occur down the road.