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Trademark Law

We Do Trademark Law Now!

By Leiona Noah, Staff Writer

On Behalf of | Jun 20, 2024 | Firm News

Trademarks Registration

We are pleased to introduce a new area of our practice – Trademark Law.

Protecting your brand identity is one of the most crucial aspects of any successful business. The purpose of trademark protection is to protect the public from confusion in the marketplace as to the origin of goods or services being sold. When you register a mark, you receive the exclusive rights to use that mark and can preclude others from using it to advertise their own goods. Therefore, trademarks help differentiate sellers from their competition and help maintain brand value.

Trademarks can apply to unique words or names, symbols, or colors used to identify the seller of a good. Although goods and services are registered as either trademarks or service marks respectively, both types of marks provide the same level of protection against infringement.

For example, if you start a small business selling a line of skincare products and want to protect your brand name from other sellers who might try to use the same name. You can create a symbol to be used on your products that helps distinguish your brand from the competition. In that case, the symbol is registered as a trademark. Similarly, if you or your business sells a service, such as advertising, building construction, hospitality, or legal services, then your brand name or symbol is registered as a service mark.

Marks can be registered at both state and federal levels. The main disadvantage of only state level registration is that the mark is only protected in the state where registered. If you plan to do business online where orders can come from anywhere in the U.S. or expand locations into other states, a federal trademark will provide better protection.

Whether you are looking to start your business, or you are already operating in the marketplace, there’s no better time to protect your brand name.

Please contact attorney Leiona Noah at [email protected] with any questions.

Leiona Noah is an associate at Kates, Nussman, Ellis, Farhi & Earle, LLP. She graduated from St. Thomas University Benjamin L. Crump College of Law in Florida in May 2023, with a certificate in Intellectual Property law, an interest she is pursuing here.

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