Frequently Asked Questions About Trademarks

Frequently Asked Questions About Trademarks

Trademarks have been around for hundreds of years with the earliest going back to a trademark instituted by King Henry III in 1266. A trademark distinguishes one company’s product from a similar product made by another company. For example, there are countless types of running sneakers but everybody knows that Nike sneakers have the swoosh trademark and Adidas sneakers have stripes. Just as there is no confusion between Nike and Adidas, there is also no confusion between Apple and Samsung, Coca Cola¬†and Pepsi, McDonald’s and Burger King, and so on.¬†It is important for anyone who has a product to give it some sort of distinguishing name, word, symbol, sound, etc., that acts as a trademark.

How can I get a trademark?

When an individual or a business wants to obtain a trademark, they simply must file the appropriate paperwork with the United States Patent and Trademark Office. This gives the trademark national coverage.

Does my U.S. trademark apply internationally?

One question that often arises is whether a trademark that is recognized in the United States is also recognized across the globe.  This is not always the case. However, the Madrid Protocol allows an applicant to file with multiple countries that are a part of the World Intellectual Property Organization.

How long does my trademark last?

As long as an individual continues proving to the government that they are regularly using their trademark for commercial use, it is in effect. After 5 years and then again after every additional 10 years, an affidavit of continued use is filed.

If you are trying to obtain trademark protection, contact our firm today for quality legal guidance.

The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.