Last Updated onIf you have a great new business idea, product innovation, unique company name, and 99 logos design you may want to trademark it for protection from your market competitors.
Firstly, before you go reading and believing negative reviews of Legalzoom trademark services, mostly written by law firms selling you their services instead, ask yourself what level of trademark legal services you need:
- Do you have a straightforward company name, logo or product brand that you want to trademark?
- Are you a lean, boot-strapped startup?
If you answered yes to the two above questions, which 80% of business will, then Legalzoom trademark registration is a good choice for you.
However, if you have a complex situation which involves multiple industries and international markets you probably will be better off consulting a law firm specializing in intricate intellectual property law.
The majority of the negative reviews I have read many sites on the internet about legalzoom trademark registration are from law firms who want to switch you over to their firm, often at great expense.
I agree with these attornies that point out if you have a truly innovative and market disruptive invention, and the capital to invest in expensive intellectual property protection then you should hire a dedicated IP firm in your local area. But, most of the entrepreneurs in America are not of that type.
They are, like you, a small business owner who wants reasonable, and affordable protection for your company name and logo to prevent unscrupulous competitors to steal your customers. For you, Legalzoom trademark search and registration services are best.
Please do not DIY do it yourself and try to complete the long and complex form at the US Trademark office. As a busy entrepreneur, it is not worth your time, which would be better spent marketing your firm, than completing government forms.
Registration of your Trademark is only the start of protecting your company. If you find that other companies infringe, or use your intellectual property, you will need to defend or perform Trademark Enforcement.
The majority of the value of trademarking for small businesses is psychological for both you and your marketplace. For you, it gives you the confidence to go out and promote your product to customers and investors knowing you have protection in place. In the marketplace, it intimidates and slows down your competitors from blatantly copying your product success.
The symbol for trademark should be prominently displayed on your website, product packaging, and marketing material to deter these IP thefts.
My personal experience with trademarks was just this. In my cosmetic manufacturing company, I invented the design of a clear soap with a silk flower embedded inside. I registered the trademark, and it gave me leverage and some lead time to get ahead of my competitors. It was enough time to gain market share and become the leader in my marketplace.
Go with the legal professionals at Legalzoom, who has helped over 180,000 customers file their trademark applications successfully and is affordable.
In addition to trademark searches and registrations, they offer copyright registration and patent applications.
I recommend them because the BBB Better Business Bureau gave them an A+ Rating.
- Experience over 180,000 Trademarks Registered
- Legal Assistance – Attorney Led
- Affordability – Starts at $599
- Satisfaction Guaranteed
- Not recommended for Complex Trademark Applications
- No International Protection
What Can Be Trademarked?
“Trademark” is also a remarkably elastic term. The United States Patent and Trademark Office (USPTO) defines it; a signature is a single word, multiple word phrase, logo, design or symbol that identifies and distinguishes the source of the goods of one party from those of other people. Alone this technical definition just scratches the surface of this vast pool of possible trademarks.
The Options Are (Practically) Limitless: Company Names, Phrases, and Even Colors
Under US legislation, practically everything could be registered as a trademark, since the security only applies in a specific context. The main limitation is the signature cannot be functional; this is, it cannot impact the functioning of the merchandise to which it is affixed. By way of instance, while it could be possible to trademark eyeglass frames of a specific color, eyeglass lenses with a specific tint can’t be trademarked, since the tinting directly impacts the performance of the glasses.
Beyond this, the sky’s the limit. The USPTO and the courts have approved many trademarks which look almost bizarre. Examples include the Form of a Coca-Cola bottle as well as the NBC jingle. Even pure colors could be trademarked, following the Supreme Court judgment in the event of all Qualitex dry cleaning gear.
Not All Trademarks Are the same
But, not all logos are made equal. The magnitude of intellectual property security is dependent upon how powerful the signature is, which then is dependent upon its distinctiveness.
Arbitrary and fanciful trademarks are in one end of this spectrum; they’re exceptionally distinctive, even if they’re ordinary words. A complete example is Apple’s trademark, which is deemed arbitrary and fanciful on account of this circumstance (software and electronics) it’s employed in.
Suggestive conditions enjoy wide security, however to a lesser level compared to random trademarks.
Descriptive and generic phrases are normally not protected under trademark law and cannot be registered. The exception is when a descriptive signature becomes related to the business that produces the product, instead of using the merchandise itself.
The Way to Sustain a Trademark
Trademark protection does have constraints. A trademark owner may shed a signature if it passes everyday use and becomes more excruciating. This was the destiny of trademarks like Nylon, Aspirin, Xerox, and Band-Aid. The question often becomes not precisely what could be trademarked, but how can it stay trademarked.
A signature can be preserved by actively and making attempts to safeguard it, which might lead to its being upheld regardless of the term entering ordinary usage. As an instance, Google and Adobe have failed to stem the adoption of “to google” as a synonym for searching the net or “into photoshop” as shorthand for changing images through electronic means, however their attempts to secure their trademarks have caused continuing legal defense for those terms.
Have something in your mind that you want to trademark and not certain the way to take action? Request an attorney for aid protecting what is yours.