Legal Insight. Business Instinct.

Denver Trademark Attorney

Denver Trademark Attorney

Many individuals want to start their own business one day. As a business owner you get to be your own boss, feel passionate about what you are doing, and watch your vision come to life. There are so many benefits to becoming a business owner but that doesn’t mean it is an easy road to get there. In the very early stages of any business, there is a lot of brainstorming that must take place. You will have to consider what goods or services you will provide, what your business name will be, and how you will advertise your business. A business owner may go through hundreds of ideas before they land on one that they feel confident about and will want to move forward with. The ideas that you choose to use for your business are considered your intellectual property and can be trademarked to protect your business identifiers. Beard St. Clair Gaffney wants to protect your brand and business to ensure success of your business.

What Is a Trademark?

A trademark allows you to legally own your intellectual property so that others cannot use your ideas to identify their brand. There are three categories that are trademarkable:

Sounds– A tune, couple of notes, or jingle that is used in order to advertise your brand would be trademarkable. It is used to make your brand identifiable to your consumers. The most effective sounds are short and sweet but also unique. An example of this would be the MGM’s lion roar which is used to identify their brand.

Slogan– A saying or sentence that is used to advertise to your consumers. This is usually memorable, clever, and to the point. You do not want it to be too long or complicated. It can be used to identify what your business is about or what goods and services you offer. An example of this would be, “I’m Lovin it” for Mcdonald’s.

Symbol– A symbol that is used to represent your business and brand to your consumers. It can be your logo or any symbol that you use specifically with your brand to make it identifiable. An example of this would be the Nike swoosh that is used to identify the brand.

You can trademark a sound, slogan, or symbol but you may also trademark a combination of the three as well. As long as the combination is used to advertise the brand, it can be trademarked.

What Does a Trademark Do For You?

The components that are used to identify your business are your intellectual property. Any sound, symbol, or slogan that you come up with belongs to you and your business. You put time and effort into creating a brand so the best choice that you can make for your business is to protect those ideas. When you choose to protect your business through trademarks, you are also protecting the brand that you have built. This brand is what consumers use to identify you and makes your business memorable to them. When you get your ideas trademarked, that means that others in the industry are not able to use your ideas for their brand. If you find another business using your trademark, you are able to take legal action to stop them from doing so. Trademarks are to protect your ideas and the hard work that went into them.

How to Apply For a Trademark?

When it comes to applying for a trademark, the first step is to check that what you are wanting to get trademarked is eligible. Once you have done that and are sure that it is trademarkable, you will need to check that your idea has not already been submitted for a trademark application by another business. After you know that it is trademarkable and that it has not already been applied for you will be able to start the application. When filling out your application, you will be asked what field of business your trademark will be used in. Complete the application thoroughly and ensure that all the information is accurate. Once it is done you will submit it to the Trademark Electronic Application System. Your application will be processed and they will decide whether or not to grant you the trademark. If they choose to trademark your ideas, they will officially be your intellectual property.

Are Trademarks Required?

The short answer to this question is no, trademarks are not required. Although they are not required, at Beard St. Clair Gaffney we strongly encourage you to trademark your intellectual property. The process to get a trademark may seem to be a complicated and long process but we assure you that it is worth it. The reason it is important is that if you choose not to get trademarks, that means that anyone can use or claim your ideas as their own. Another business may start to use your brand identifiers, or worse they could apply for trademarks for your ideas. Whoever applies for the trademark with the ideas will be granted the trademark, it doesn’t matter who came up with the idea in the first place. Using your slogan, sound, or symbol without trademarks is risking your business’s brand.

Why Beard St. Clair Gaffney?

When it comes to trademarks we have a full team of professionals that are experienced, detailed oriented, and ready to help you through your trademark journey. We know that it can be an intimidating process to tackle on your own, so let us guide you through it and be there to answer any of your questions. If you are thinking you have a good idea to be trademarked or if you need to fight a trademark infringement, our experts are here to help. Please contact us with any questions that you may have, we want to help you protect the brand that you have created!

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