Christine Mathias, Business and Estate Planning AttorneyTrademark 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.
Trademarks are one of the most valuable assets a business can own. They are a type of intellectual property that lets your customers know that a product or service is coming from you. In other words, a trademark is your brand. With that in mind, below is a brief overview that should help answer some common questions you may have.
Done correctly, trademarks are like diamonds – they last forever. But, this is only true if you register the mark at the federal level, and keep up with all of the necessary maintenance requirements.
Now, if you want to continue to have federal protection, you must use and renew the mark. The United States Patent and Trademark Office (USPTO) will send you renewal email reminders, so it’s important not to ignore these.
One of the first big decisions for any startup is picking a company name, logo, or slogan, all of which may be trademarked. Simply put, a trademark is what your customers use to recognize your business and distinguish it from other businesses.