Trademark Talks with Attorney Bailey (Part 4)

Brad Smith • July 2, 2020
Trademarks can be complicated. Attorney Amy Bailey talks through how you register your mark and where that mark can be registered.

How can I register my mark?

For a trademark to be registered, it must have adequate distinctiveness, non-functionality, and adoption/use.

Descriptive and suggestive marks that are merely descriptive, laudatory, puffery are not able to be protected on their own. They need some sort of secondary meaning behind it to build your case. The most common reason a trademark application is refused registration is a “likelihood of confusion” between the applicant’s mark and a mark already registered or in a prior-filed pending application owned by another party. 

Should I register a mark?

Any one person or business should consider a trademark when looking to build a brand. When someone trademarks, it is allowing your business to grow and have space to do so. There are different ways to register trademarks. 
  • Common law is limited to reasonable geographical area where the mark is in use
  • State registration that sends out a statewide notice to those in the state. This trademark is limited to protection only in the state or states where the good or service is registered. 
  • Federal registration is where the mark will be protected nationwide. The circle R will be displayed next to the mark, and there is an ability to sue those that infringe on the mark in federal court. 
  • Those that register their mark for all three will have the ability to display the TM sign right next to the mark.
The process of registering a trademark can take up to seven months and that is if everything goes through. There are different things that can slow down the process. However, do not let this prevent you from applying. If you are interested in going through the trademark process, our team is here for you.

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