What is a Trademark

What Is a Trademark?

Representing NJ clients in need of trademark protection

Trademarks have been a staple of trade for longer than the United States has been in existence. The earliest known trademark was back in 1266 when a law was drafted by King Henry III mandating that bakers use a mark for the bread they sold that distinguished their product from other bakers’. In the United States, the oldest known trademark was by the Averill Chemical Paint Company under the Trademark Act of 1870 in the same year. Now, there are over 2 million registered Trademarks in the United States alone. Trademarks are important when you have a product that depends on a mark or visual that is specific to your business. It is crucial that you consider filing a trademark application with the U.S. Patent and Trademark Office. If you need quality legal services from an experienced New Jersey IP law firm, contact The Law Offices of Richard E. Novak, LLC for a consultation.

What is a trademark?

Simply put, a trademark is a name, word, sound, symbol, or device used or intended to be used to distinguish the product of one seller from the goods of another. In addition, it distinguishes the source of the goods. A trademark functions to ensure that a consumer is not confused from one good to another. For example, you know the difference between Coca Cola and Pepsi and you know the difference between McDonald’s and Burger King because of trademarks.

Obtaining trademark protection

The Law Offices of Richard E. Novak, LLC presses clients to obtain federal protection. Filing the correct paperwork with the United States Patent and Trademark Office will grant you national coverage, as long as your trademark is not opposed. Global protection is a different matter. Global protection is complicated by the fact that countries have the right to grant or deny protection within their borders as they see fit. If a certain country does not grant you protection, infringement on your trademark in that country may have an impact on your business. Through the Madrid Protocol, you may be able to file with multiple countries within one single office for countries that are part of the World Intellectual Property Organization (WIPO), providing a simpler, more cost-effective and efficient way to protect your mark. At this time, the WIPO has around 97 members covering 113 countries contracted to the Madrid Union.

Contact our NJ IP trademark law firm

The Law Offices of Richard E. Novak, LLC in Bergen County, NJ has been a legal resource for the intellectual property community for over 25 years. With our experience, we work as a team with our clients to formulate a strategy that protects their rights, optimizes profitability, and improves their lives. If you need to obtain trademark protection, The Law Offices of Richard E. Novak, LLC is ready to assess your situation, guide you through your options, and assist you in seeing your life goals come to fruition. If you need our services, contact us for an initial exploratory meeting.