What is the value of a trademark?

reposted from February, 2018

Trademarking the name of your program or product protects your content in that you can use your legal rights under the trademark to  prevent others from using your name.  It prevents confusion in the sales world, so your product or program is known as only yours and isn’t confused with someone else’s content.

The process is straightforward, but also complex.  In terms of process, you file an application.  The application is reviewed by an attorney with the US Patent and Trademark Office.  They will confirm your mark doesn’t conflict with any registered marks, that you have described the mark correctly and identified the industry correctly.  They will also review any evidence presented of how you use the mark in sales.
Once all of their standards are met and their questions are answered, then your mark will be sent to publication.  It will be published in the Federal Register for four weeks.  During this time, other companies / people can “oppose” your mark — they can claim your mark conflicts with their mark.  If there is no opposition, your mark formally registers.
After registration, you can send “cease and desist” letters to anyone who issuing your mark or a similar mark.  If they do not stop using your mark, you have rights under federal law to sue them and ask for monetary damages.  Of particular use in today’s social media environment is that if someone is using your mark as their business page / name / etc, you can notify the social media company (Facebook, Instagram, etc.) and provide your registration information and ask that the violating content be removed.
2019-04-07T10:19:26+00:00By |

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