Christine Mathias, Business and Estate Planning AttorneyCreating a trademark for your business is an important part of effectively marketing your products or services. It’s what sets you apart from your your competitors, and can be the difference between success and failure. For that reason, the law gives you the exclusive right to use this mark, whether it be a name, symbol, word or slogan.
Trademark laws are in place to help prevent confusion among consumers. This means that, in most cases, no one is permitted to use your brand name to market a product or service. Doing so could result in a potential customer being unsure where the product came from, and perhaps even purchasing the wrong item by mistake.
However, you should be aware that there is an important “fair use” defense to trademark infringement that may apply in your case.