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A strong trademark helps customers recognize your brand and distinguish your products or services from others in the market. From business names and logos to slogans and product identifiers, trademarks are valuable assets that deserve thoughtful protection. Keisling & Pieper PLC works with clients to evaluate, register, maintain, and enforce trademark rights, helping protect the brand identity they have worked hard to build.
What is a trademark?
A trademark is a word, mark, symbol, slogan, or device used to identify and distinguish the source of one person’s goods or services from another’s. Trade dress may also protect distinctive product packaging, store design, product shapes, or the look of a webpage.
How are trademark rights created?
Trademark rights are generally acquired through use of a mark in commerce. The first user of a protectable mark in a particular market typically gains rights for those goods or services in that market.
Why register a trademark?
Federal registration can provide significant benefits, including nationwide notice of your rights, the ability to use the ® designation, and a presumption of ownership.
Can I use a phrase I heard in an advertisement as my trademark?
Probably not without careful review. Because trademark rights are based on use, the company already using the phrase may have better rights. It is best to consult an attorney before adopting a mark that may already be in use.