Have you ever noticed a little ™ or ® symbol at the last part of a company’s logo?  That tells you that the company is using a trademark to protect their brand.  Because consumers often recognize and select products by brand, a trademarked brand can have significant value to the business that owns it.

A trademark can be a word, a symbol, or a combination of the two that gives customers a way to distinguish your business or products from those of your competitors.  The red bullseye on the walls of Target stores is an example of a trademark that is a symbol. The red Coke logo is a trademark made up of both a word and a symbol.  An example of a trademark that is just a set of words is the “I’m Loving It” tagline of McDonald’s.  You can register a word, symbol, or combination as a trademark either with the State of California or with the U.S. Government, which provides more expensive, but broader, protection.

Protecting Your Trademark

1.  Distinctive.  A trademark cannot be protected from use by others unless it is distinctive and not merely descriptive.  For example, you could not trademark “All-Beef Hamburgers” and prevent others from using the same phrase to describe their beef patties.

2.  Exclusive.  A trademark cannot be registered unless it is exclusive to a type of goods sold by your business.   For example, Starbucks has registered a mermaid to identify its coffee and tea.  Disney has also registered a mermaid, which it uses on children’s dolls and playthings.  Another company could not use or register a mermaid to identify coffee or toys, but it could register a mermaid to identify its telephones – something not covered by either the Starbucks or Disney trademark registrations.

3.  Registration.  The first continuous user of a trademark has the right to protect it from use by competitors, even if the trademark was never registered.  However, registration of the trademark with the State of California (cheapest, but least valuable) or the U.S. Government can help you prove that you were the first user if someone else seeks to use your trademark later.  Trademark registration also provides additional legal rights if you have to file a lawsuit to protect your brand.

4.  Use it or lose it.  You lose a trademark if you stop using it on your products.  You also need to display the ™ or ® symbol following your trademark to put competitors on notice of your ownership of the trademark.

5.  Keep it exclusive.  You must watch for competitors using your trademark, and stop them from doing so, first by demand letter, and then by lawsuit if necessary.  If you don’t, they may acquire a permanent right to continue using your trademark by virtue of your inaction.  Many trademarks have been lost this way.  For example, “Escalator” “Laundromat” and “Aspirin” are all words that were once trademarks, but the trademark protection was lost because the trademark owners did not take legal action to protect their exclusive rights.

If your business uses specific words and/or a symbol to identify its products, the experienced business law attorneys at San Diego Law Firm can help protect your brand.  We can determine whether the words and/or symbol you are using can be trademarked, research whether any competitors are already using the trademark, and, if your trademark is available, we can prepare your state or federal trademark application and guide you through the process.  Please call San Diego Law Firm today at (619) 794-0243 to schedule an appointment

LocalTechWire.com’s recent article offers some good guidelines on creating protectable trademarks that will keep pace with your marketing goals. Whether you’re just starting your business or are looking to build your business further, trademarks can be a cost-effective way to advance your business image. Call San Diego Law Firm today at (619) 794-0243 to help you strengthen your trademarks by handling the registration process with the USPTO, and providing you with a step-by-step plan, tailored to your particular business, so you won’t overlook any of the ways you can protect the value of your trademarks and your business image.