®HOW TO PROTECT

YOUR TRADEMARK

®Does your company have a trademark that uniquely identifies you as the source of the product or service that you provide to your customers? 

®1) Putting the world on notice that you claim common-law rights in the mark; and

2) By registering it with the United States Patent and Trademark Office (USPTO).

 If so you need to protect that trademark or

service mark for your product or service by:

®There is a common misperception that in order to get a trademark you have to register the Mark with the federal government (USPTO).

®“I want to trademark this logo or this name.”

My response is: “you trademark something the moment you use the Mark in conjunction with goods or services.”

People often come to my office saying:

®What you want to do is register the trademark with the federal government in order to preserve your statutory rights in the Mark. But you gain superior common law intellectual property rights in your trademark by using it in public before anyone else.

®Prior use of the Mark in

conjunction with the particular goods and service is a good

defense over a registered Mark that is based upon a later use in

commerce.

®However, the best way to

protect your rights is:

• to be the first entity to use the Mark and

• the first entity to register the Mark.

®Being able to claim first use

and first registration provides you with a good offense and

a good defense.

®Want to file a patent, copyright, or trademark on your business or idea?

Have some questions?

Give me a call: 1-877-351-5547

SEE THE FULL ARTICLE HERE!

Vincent G. LotempioPatent Attorney at Kloss,

Stenger & LoTempio