Trademark

Definition and Services


A trademark is a word, name, symbol (logo), device or any combination thereof which is used to identify and distinguish the goods or services of one business from another. A trademark application can be filed or registered using either a State or U.S. (U.S.P.T.O.) trademark application. There are three types of trademark protection available in the United States: (1) common law, which offers protection simply by using the trademark. This type of trademark does not require trademark registration (or application for registration); (2) a state trademark application, which typically requires the mark to be registered for protection; and (3) a U.S. trademark application, which also requires the mark to be registered for protection. A United States Registered Trademark allows the owner to prevent others from using the mark in a confusingly similar manner and/or business. It is the right to exclude others from using the trademark (logo or name) of your business that makes trademark registration so valuable to U.S. businesses and companies.

As such, if you have developed a brand, logo, name, or other "mark" which is associated with your particular business' goods or services, you may be able to exclude your competition from using your mark by seeking registering of the trademark. However, trademark registration can be extremely complex and the trademark lawyer or law firm you choose to represent you will likely dictate the amount of protection you receive. Your business' protection depends on choosing experienced patent and trademark attorneys.

Paparella & Associates is an intellectual Property law firm (trademark and patent law firm) that specializes in protecting all aspects of your business. Our representation includes: the preparation and filing of trademark applications for protection in every state, throughout the U.S., as well as throughout the world; representation in trademark infringement matters; trademark opinion matters; trademark litigation, as well as numerous other trademark and patent services.


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