Here are the basic steps for a company to establish a trademark.
[***DISCLAIMER: THIS IS GENERAL INFORMATION, NOT LEGAL ADVICE. DO NOT RELY UPON IT AS A SUBSTITUTE FOR ADVICE SPECIFIC TO YOUR SITUATION***]
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Establishing A Trademark -- In General
Trademarks are often one of the most valuable pieces of intellectual property a business can own since they identify and set apart a business from its competitors. Many businesses view trademarks simply as a label or emblem (think McDonald’s golden arches), but in reality they can come in all sorts of forms. Federal law defines trademarks as “any word, name, symbol or device or any combination thereof….” Over time that definition has been found to even include color: in 1985 a federal court found that Owens-Corning’s color pink for insulation had obtained trademark status.
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Establishing A Trademark -- More General Background
When trademarks are best implemented, they ensure consumers that the product being purchased comes from a reliable, identifiable business. So businesses should consider the adoption and establishment of their trademarks as an important step in their growth. From a practical standpoint, businesses adopting new trademarks should be careful to pick a trademark that is easy to remember, pronounce and spell. From a legal standpoint, the trademark should be unique and distinctive. The goal is to avoid creating a trademark that is likely to cause confusion with already existing trademarks. The danger of creating a likelihood of confusion is not only being forced to give up your mark, but also possible trademark infringement lawsuits, which are notorious for being lengthy and expensive. There are a number of steps that a business should follow to best protect itself in adopting and using a new trademark. Please visit: http://www.mzclaw.com/blog/2008/12/establishing-a-trademark/
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