Legitimizing a creative, unique piece of work as intellectual property is a complex and intricate process that requires legal action. At Larson & Larson we are Largo trademark attorneys serving the Tampa Bay area to help our clients protect their intellectual property.
A trademark can be a name, word, symbol, sound, or fragrance that identifies products or services of a particular source.
With the right Largo trademark attorney, you will be able to effectively protect your mark. Note that a trademark is not the same as a copyright or a patent. Trademarks are used to protect (most commonly) logos and brand names for goods/services. Copyrights protect original works of expression, and patents protect inventions.
How Do You Obtain a Trademark?
The first step of the process is selecting the specific mark you want to have registered with the United States Patent Trademark Office (USPTO). Not all marks are eligible for registration, and there are some restrictions with the legal limits. It is best to conduct a trademark search to determine whether or not the mark you want is available for registration and the difficulty in registering the particular mark.
There are a number of factors that may prevent your mark from being legally protected. One reason a trademark application is refused registration is because the applied-for mark is likely to be confused with a similar, already existing trademark. Other factors related to the strength of the mark, including whether the mark is generic, merely descriptive, or primarily geographically descriptive affect the likelihood of registration.
There Are Four Categories of Trademarks:
- Fanciful/Arbitrary marks are particularly distinctive and, therefore, easier to protect.
- Fanciful marks contain invented words (not listed in the dictionary) and arbitrary marks have words completely unrelated to the goods/services associated with the trademark.
- Suggestive marks suggest the associated goods/services, but do not describe them.
- Descriptive marks actually describe the goods/services, making them significantly more difficult to protect than, for example, fanciful or arbitrary marks.
- Generic marks are technically not considered “marks.” It is often impossible to register a generic designation as a trademark.
In your pursuit of legally protecting your brand name or logo, it is essential to obtain a Largo trademark attorney to guide you through the complex process and offer legal advice. Our Largo attorneys at Larson & Larson will be happy to talk with you today about your particular case. Give us a call at (727) 546-0660.