Trademarks are important business assets. For some companies and individuals, a trademark is what sets them apart from the competition. They are valuable because they identify the sources of goods and services. Like all business assets, they require both protection and maintenance.
Trademarks are common law property rights that may be enhanced by federal registration. To achieve federal registration, a trademark must be in actual use in commerce and specimens must be provided with the application. An important adjunct to the registration process is the right to file applications based on the “Intent to Use” a trademark in commerce. This can enable a business to protect a name or logo while the products or services are still in the development stage.
It is prudent, when forming any new business is, to perform a basic trademark search. This will not only rule out potential conflicts down the road but also indicate whether it will be feasible to obtain a registered trademark for the business name.
At Chipman Mazzucco, we help clients establish, protect, and maintain trademarks. We regularly represent clients before the United States Patent and Trademark Office in prosecuting federal trademark applications. We have brought and defended actions before the Trademark Trial and Appeal Board. Representative clients have included companies in the food, software, supplement, catalog sale and leisure activities industries. For more information about the trademark process, click here.