All About Trademarks and Trademark Lawyers

A new business can have many legal challenges ahead of it,especially with the protection of its intellectual property. It is necessary to consider all legal obstacles from day one. In particular,trademarks,which are artworks or phrases that are used to distinguish your products,your company and your brand from others â and for which your customers will remember you.

Startups and smaller businesses sometimes need someone to help with complex legal matters. This is where implementing the advice and assistance of a trademark lawyer comes in. You must do it from day one â and if you’re already after day one,you must do it now. Our preferred IP lawyerhas extensive experience in helping businesses small and large with the registration and enforcement of intellectual property. They have served large businesses including Amazon; their lawyers have previously provided in-house counsel in other Fortune 500 companies; and they even now extend their big-business knowledge to small businesses. They are well-equipped to provide help with intellectual property,be it trademarks or patents,for businesses on all ends of the size scale.

Trademarks can be unregistered or registered. If you put a “â ¢” symbol on an unregistered mark,you can enforce it under common law,although your protection is limited to the geographical areas in which you do business and utilize that intellectual property.

If someone uses your unregistered intellectual property without your permission,they may believe that because you don’t have the determination to register it,you’re not actually supporting your IP. You need to pre-empt against this risk.

To afford better protection,you can register the trademark on the national or state level. You can control exactly how your intellectual property is used,distributed and published,when you have a federally registered copyright. A work must have at least a nominal amount of power (or use in commerce) to get copyright protection. More news on this can be found at

One key feature of your ability to support your IP will be if you have registered it or not. A thorough search as to the accessibility of a mark is really valuable,as trademarks are governed by national law,state law,and common law. Conduct a trademark search on the US Patent and Trademark Office (USPTO) website to see if there are any similar marks registered. There could be an individual already using a related mark,but who did not register it with the USPTO. If someone else has registered what you want,you could be at risk of being sued for infringement,so it is better to come up with another idea.

The Lanham Act distinguishes trademarks from trade names and service marks and also addresses certification marks and collective marks.

You can’t just go into business with your IP not knowing your rights to protect it. A full understanding of copyright law will help you defend your intellectual property more effectively. To gain this understanding,it is advisable to contact a qualified,experienced IP lawyertoday. Ask them for a free consultation,so they can become familiar with your business,your needs,and understand how you need to protect your IP in your current situation.