Trademarks
Trademarks incorporatedesigns, emblems, images, logos, names, phrases, symbols, and words that remind consumers of a specific product or service. In order for trademarks to be valid, they must be properly registered with the trademark office and actively used by the owner. In addition, trademarks must have a distinctive and established character in the marketplace; they must be sufficiently well-known for the public to exclusively associate the symbol with a single commercial source. Trademark laws protect brand name association.Purpose of a Trademark
There are three main types of trademarks:
- Generic trademarks
- Descriptive trademarks
- Suggestive trademarks
Generic trademarks are offered the least amount of protection from usage by another party, while suggestive trademarks are offered the most protection. Trademark laws protect products or services that are produced and used in a commercial industry. The most effective trademarks imply the superiority of the product. When competing companies try to take advantage of the established brand, not only is the reputation of the established company at stake, but consumers may not receive the higher quality of product or service and be swindled. Consumer protection is one of the main objectives of trademark law.
Practicing Trademark Law
Trademark law falls under the category of intellectual property law. Before retaining an attorney, begin by thoroughly researching the attorney's background and education to make sure the one you hire is competent enough to handle your case. It is crucial that the attorney has a good reputation and is in good standing with the bar association of your state. It might also prove helpful to enter the attorney’s name in a search engine to see if he or she has published any articles on the matter, or handled any high-profile cases. Trademark laws vary throughout jurisdictions, so it may be important to find an attorney in the area who is familiar with trademark issues.
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