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TRADEMARKS


What is a Trademark?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods or services of one party from those of others. It is the identity tool between your business and the society.

Why is it essential to obtain an official trademark registration for your business?

 
Every business needs a strong connection with a consumer. This connection starts with a trademark, a brand name, a logo, that will make the consumer recognize and distinguish your business from others.


While a shiny and well designed logo can be an attractive way to reach the goal of standing out, so can be a catchy phrase, or an inspiring slogan, that will be affiliated with you and your business. There are no rules as to what should be used as a strong trademark. 


What are the benefits behind the registration of a trademark?
 
1. First of all, the registration provides a legal presumption that a person owns a mark. A trademark registration grants an ownership over a logo/slogan/mark/name.


2. Second, the registration provides a legal presumption of exclusive right to the mark. Meaning that the registrant will be able to license his trademark to others (e.g. licensing a name of a restaurant chain). 


3. A trademark gives notice to the public that one has claimed the rights to the mark. Presenting an approved registration is an additional way to attract potential investors and clients.


4. The mark is listed in the U.S. Patent and Trademark Office database, that will refuse to register any confusingly similar mark.


5. the owner of a trademark can record registration with the U.S. Customs and Border Protection. Meaning, those who are interested in protecting their goods from infringing goods that can come from abroad, the US Customs and Border Protection will stop the infringing goods to enter the country.


6. The owner of a trademark gets a right to bring an action in a Federal court.


7. The owner of a trademark can use the registration as a base for foreign filing. If the owner is interested in expanding his business overseas, the registration in the US will help him to register his product in other countries.


8. The owner of a registered trademark is able to use the registration symbol ®. This symbol transmits to the public the idea that the specific trademark is protected.


For more information and consultation about the costs of a registration, please contact Alex Guzman at 646-515-4506 or at alex.guzman@alexguzmanlaw.com. We will be happy to answer all of your inquiries.