Trademark is an area of intellectual property law that protects assets that are used to identify a business or source of goods and services, these are known as source identifiers. Some source identifiers that are protectable by trademark include:
Packaging (also known as trade dress)
It is critically important for a thorough trademark search to be performed prior to using any of the above as a source identifier for your business because you may be required to abandon it if it is already in use by another party. A simple search of state records or the United States Patent and Trademark Office (USPTO) will not suffice, since such registration is not required to enforce the rights to exclusively use the name.
Establishing a strong trademark as a way to distinguish your company in today’s marketplace is essential to developing brand identity and becoming well known among your customer base. Registration of a trademark gives the world notice that your mark is protected, provides legal remedies that would not otherwise be available. The Draves Law Firm provides the following trademark services; applications, reviewing and analyzing preliminary and comprehensive searches, licensing and assignments.
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