Trademark - An Overview

Trademark - An Overview

In the United States, thousands of entrepreneurs come up with inspired ideas for inventions, businesses or services they believe to be original, unique and potentially profitable. The problem for the majority is not knowing where to begin the process of protecting themselves from being copied and produced by someone else once their ideas come to fruition and become known to others. This is where knowledge is needed to guide the average newcomer through methods of applying for a trademark so they can avoid being deterred by the seeming complication of the procedures.

Whether you have an invention you would like to produce, a name for a new business or an original service to offer, your first step in the patent procedure should always be to ensure yours is a unique idea. Often ideas can come from something you have already seen or heard in the past, yet you think it is your own, and this is why there are comprehensive databases to check every existing patent for any similarities. These are called "Trademark Supersearch Services", and there is no point following the application through until you have thoroughly completed this. The check will be done against every existing and pending trademark for all federal and state lodgments and is the only way to gain peace of mind that no others have a trademark on the same or similar name or logo.

When originality has been determined, you can continue through the process of applying for your own patent or trademark. You must be sure you have a clear understanding of what a trademark is and the value it can have for your business or invention ideas. Some examples of trademarks that are famous worldwide are McDonalds™, Kodak™ and Taco Bell™. It is the branding you give to your idea that will connect customers to it and can be a word like Apple™ or an acronym like IBM™, but many prefer to come up with one that communicates what it is exactly that's being offered. Kentucky Fried Chicken™ or KFC™ is one that lets potential customers know exactly what to expect from the company, where a trademark like Apple™ is associated with computers only after much marketing and growth in consumer popularity. It is not uncommon for a company to initiate with a longer, self-explanatory name which can be shortened in the future when it becomes common and well known, like Apple Computers™ becomes just Apple™.

It is important to remember that trade marking your company name will not exclude you from requiring a patent for your design or invention, a copy write for your contents or a trade secret law to protect a process, procedure or ingredients. Applying for these is just as important, and depending what your idea is, the relevant protection will go hand in hand with the trademark.

Most people prefer to hire a trademark attorney to look after the searching and application procedure for them. This is the best way to avoid a trademark infringement from occurring, which can result in very hefty fines. There are websites that offer all trademark application paperwork and information for individuals who wish to forfeit the option of hiring an attorney but many find it complex and full or terms they are unsure about. If you can afford the high costs of hiring a trademark attorney, it is definitely the safest and most effective option, but for those who can't you must be thorough in your research and have a full understanding of the process before you begin.

For a beginner, doing an online trademark search is a good starting point: If you don't find any existing matches for the trademark you have created, you may wish to then proceed to the attorney. It is still important to have a knowledge base to draw on so you understand when they provide you with updates and paperwork you will have to sign. You don't want to put yourself off applying altogether if you happen to get bogged down under the fine print and jargon surrounding trademarks and hiring an experienced professional is the best way to ensure that doesn't happen in your case.