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There are three main types of legal protection for intellectual property--trademarks, copyrights and patents. Trademarks are names and symbols of commercial products and services. If you sell a physical product or offer a service for sale, you are entitled to apply for a trademark for the name or logo that identifies your goods.
A trademark is a form of intellectual property right that gives the exclusive use of a name, logo, sound, color or symbol to the registrant. Trademarks are often confused with copyrights and patents. A copyright protects original works of art such as writing and music. A patent protects an invention. Once you have determined that a trademark is the correct form of protection, you need to file a trademark application with the United States Patent and Trademark Office.
Technically, one establishes a trademark for a term rather than a copyright. Trademarks are commonly associated with businesses, but can also be used to protect creative words and phrases for marketing, such as T-shirt and bumper sticker slogans. When he was coach of the Los Angeles Lakers, Pat Riley famously trademarked the term “three-peat” when the team was trying to win a third-straight NBA title.
Trademarks provide legal ownership of a name, symbol, sound or color that is unique and original. The trademark application fee is non-refundable so the applicant should search for pending and completed trademark applications to ensure that the mark is not already registered. Use multiple keywords that are similar in nature to get a listing of all possible conflicting marks. Do not assume that because you are unable to find a conflicting mark that application approval is guaranteed. The USPTO conducts an in-depth search once you submit your application.
Record labels are responsible for organizing musician performance dates/locations, securing publicity arrangements and developing the career of signed talent. If you have recently established a record label in your city or if you're looking to further protect your existing record label, applying for a U.S. Trademark will keep others from stealing your record label name.
A trademark can be a symbol, word, phrase or design a person uses to represent or distinguish his goods from the goods of others. Essentially, a trademark protects an intellectual property right; for example, a brand name or a logo. You are not required to register a trademark, but in so doing, you gain several advantages, such as the right to use the federal trademark symbol, notification of your ownership interest and the right to sue in federal court. You do not need to hire an attorney to file a trademark application with the U.S. Patent and Trademark Office (USPTO).
So, you've started a business and begun to sell products or services. You've started to build your reputation, and your customers trust you. Of course, you'd be furious if someone started using your name, taking advantage of--and possibly ruining--your good name. It may be time to think about registering your trademark with the United States Patent and Trademark Office (USPTO) so that you can protect you and your partners from such unsavory individuals with the power of the law.
Filing trademark registrations for business products is done with the Unites States Patent and Trademark office. Visit the U.S. Patent and Trademark office online, or enlist the aid of a lawyer that specializes in registering trademarks with advice from a lawyer in this free video on business law.
