Trademarks are essentially a group of unique indicators for certain products or services. There are a variety of sub groups of trademarks like collective marks, service marks, certification marks, trade names and trade dresses. A trademark is a symbol, name, design or functional feature which assures consumers of the source of particular goods/ services and serves to provide quality assurance.The rights of owning a trademark is different from that of a patent or copyright. The former protects commercial use while the latter enforces creative ownership.

It’s important to consult trademark attorneys understand the best practices and nuances of trademark applications if you want to apply for one for your business.

How effective is your trademark?

One of the major establishing factors in the effectiveness of a trademark is its distinctiveness. When trademarks are categorized on basis of their strength, its first determined whether they have a certain protective strength. This distinctiveness can be either design oriented (fanciful) or descriptive.

Imaginative or fanciful trademarks are immediately recognizable because of their connotations, manufacturers and brand managers have to work really hard in establishing secondary meaning to their descriptive trade mark.

In certain countries, trademarks enjoy protection of both state and federal laws. Even though federal trademark registration is not legally compulsory, it offers a multitude of benefits to the owner of the trademark.

Trademarks are a valuable asset of the business and should be protected, regularly maintained and properly used. It can be safely said that the actual worth of a trade mark is gauged by the public perception. Trademark attorneys are legally trained to deal with infringement and authenticity issues of trademarks.

Trademark Application Best Practices