| Posted in:IP Law, Trademarks

The trademark attorneys of Gertner, Mandel, Peslak are often asked by business owners when does a business need a trademark?

In fact, every successful business will have a trademark whether they create one knowingly or it merely happens by default. Customers need a way to identify where the product or service they are purchasing comes from.  Rather than allowing it to happen by default, when a business, corporation, or individual creates a marketable product or service, it is beneficial for them to establish a brand or identity consumers will recognize with a trademark.

Recognizing A Product with a Trademark

A trademark is a name or logo that is used in connection with the sale of products or services to identify the source of the goods or services.  Since every company is in business to be successful, it makes sense to put some thought into the trademark that customers will learn to associate with the business and to protect that trademark through registration with the federal or state government, depending on the geographic scope of the business.

For example, the swoosh is a famous trademark used by Nike to identify their brand of shoes. Our trademark attorneys in New Jersey help clients perform trademark searches to ensure that their trademark or something similar is not already in use in connection with the same or related goods or services and then help them register the trademark.

Protection

Trademark law protects you from a competitor selling similar goods or services under a confusingly similar trademark in an attempt to trade on your company’s goodwill to divert your customers.  It is certainly better to have the protection in place early so that the business will be well-placed to protect its rights should a competitor attempt to infringe on those rights.  It is also a good idea to make sure someone else is not using the mark before you spend time and money creating and building good will in your trademark only to have someone come along later and try to make you stop using the trademark.

 

Contact Us to discuss your business, your products and when your business might need a trademark