According to the United States Patent & Trademark Office, a trademark is a “word, phrase, symbol of design, or a combination or words, phrases, symbols or designs” which identifies or characterizes a good from one party from those of other parties. A trademark is not the same thing as a copyright or a patent. A copyright protects an author’s work; a patent protects an inventor’s idea or invention; whereas a trademark is something that was legally established to represent a company or product in the form of a symbol(s), design(s), or word(s). Trademarks are all around us and many of us automatically associate certain symbols or words with companies. For example, many of us are familiar with Nike’s famous trademark, the “swoosh”. Nike has a trademark on this symbol and it is representative of their company, brand, and what they stand for.

Unlike a copyright or a patent, a trademark only protects the identifying word, phrase, symbol or design, whereas a copyright protects works of authorship, such as music, a work or art, a writing, or any other form of art that has been “tangibly expressed”. A patent and a trademark are also different in many ways. A patent is a limited duration property right relating to an invention, which is granted by the United States Patent and Trademark Office and in exchange for public disclosure of the invention.

There are many benefits to obtaining a trademark, one of the most important one is that the nation is put on “constructive notice” of an owners trademark claim. Also, there is evidence of ownership of the trademark. Another benefit is that registration in this country can be used as a basis for obtaining registration in foreign countries. In addition, a registration can be filed with the U.S. Customs Service, so to prevent infringing foreign goods getting imported.

Registering a trademark is complex process full of pitfalls, but getting it done by an attorney who practices daily in this area of law will make all the difference. Whether you are looking to file a trademark for you personally, your business, or your organization, please call us to discuss further how to protect your intellectual property rights. Our firm provides the convenience of a free consultation to discuss your ideas and we offer a flat fee of $500.00 (this does not include mandatory government filing fees) to register a trademark. This flat fee is peace of mind knowing that we will work hard, at no extra hidden billings to you, ensuring that you are given the personal attention to detail that you deserve. We also offer the ability to our clients to fill out a completely secure and confidential online questionnaire to better suit your schedule and needs. Of course, this can also easily be done over the phone or in person. Every trademark that is filed with our office is handled from start to finish by a practicing attorney and if you ever have any questions or problems, you will have the ability to speak with the attorney filing your trademark. At our firm, we want the process of filling a trademark to be convenient for you and make you feel comfortable and at ease with giving us the responsibility to protect your rights.