A trademark is a symbolic representation, phrase or noise utilized by a person or business to identify themselves or their goods. In the arena of business and marketing, it can be a great source of promotion. Numerous businesses have increased their success extensively by utilizing a smart or snappy trademark. Some were around more than a century ago and still function to promote their business as a well known face in advertising.
In order to protect their use, trademark law was created. This area of law addresses the specific goods and services of a company, but not a specific technology. Trademark law is comparable to branding; where there may be many sorts of athletic shoes available, only one is authorized to carry the Nike swoosh as its brand.
They cover the visual, textual or audible brand of a company or person. The Nike swoosh logo, McDonald’s “I’m Lovin’ It” slogan, and the sound of the NBC chimes are all trademark examples. If any other entity makes an attempt to use them without permission, the trademark owner has the right to bring a lawsuit under the law.
The U.S. Patent and Trademark Office generally leaves the policing and enforcement of trademarks up to the owner. The USPTO serves more as a confirmation means when the law is breached. Once the trademark is filed with the USPTO the office can validate that the trademark is legally legitimate and held by the owner.
If a trademark owner finds their property is being violated under the law, they first ought to send a “cease and desist” order to the violating entity. If the letter does not work, the owner can benefit from the help of trademark lawyers with experience in filing lawsuits for unauthorized use of trademarked materials.
A registered trademark that is found to have been illegally used under trademark law may bring a reward of up to triple damages for the trademark owner. This is in addition to the trademark attorneys’ fees.