How To Protect Your Intellectual Property With A Trademark

Protecting your intellectual property is important, and getting a trademark is one of the strongest ways to preserve the equity you've built up in a brand. It is critical to know how to use trademarks to protect your rights and interests. A trademark attorney will want you to understand the following factors.

Know What You Can Trademark

Trademarks cover many types of identifiable corporate names, logos, symbols, and brand names. Likewise, you can trademark a distinct name for many types of objects, such as a product. Even services are subject to trademark if they have distinctive names. You can trademark some images and emblems if they're compelling enough, too.

If you're not sure whether you can apply these rights to a specific thing, ask a trademark lawyer. They'll tell you what they believe stands a good chance of holding up to the process.

Document Ownership as Early as Possible

Especially in product development cycles, it can feel like jumping the gun to file a trademark. However, you should spend the money even if you're not sure a particular trademark is going to be the final name for something. It's better to spend the money, obtain the trademark, and then not use it than it is to try to save money, need the trademark, and learn someone else already took it.

Collect the relevant information about the trademark. If you're creating a new logo for a business, for example, assemble all of the design drawings and even some of the descriptions. Hand these to a trademark attorney so they can condense the information into a registration filing.

Similarly, assemble all the identifying information of the owner. If you have an LLC as the business face of your operation, for example, its information will likely be appropriate for the filing. Include the basic information, such as the legally recognized name of the company and its address.

Establish Your Intent

Trademarks fall into two categories. You can state "intent to use," meaning you are planning to use the trademark for something that's currently in development. Also, you can state "in commerce" if you are already using the trademark on products, in services, in external communications, or as part of marketing materials.

Consider Where to Trademark

You will want to file a federal trademark in the U.S. for most purposes. States also have IP laws, and these allow you a little more protection and a few more avenues of litigation against violators. You may also want to explore international registrations if there's even a chance you might do business overseas at some point. Look into a trademark lawyer near you.