What Is a Trademark, and Why Is It So

GET ANSWERS TO QUESTIONS OTHER ENTREPRENEURS ARE ASKING

In 2020, a business's most valuable assets can no longer be protected by lock and key to a brick and mortar building with a security system. That is because much of the value now comes from intellectual property.

One type of Intellectual Property that every business has, is called a trademark.

Intellectual Property is not limited to trademarks though, copyrights, patents, and trade secrets are a few others that add massive value to a business and require legal protection for longterm growth and success of a business.

You're not the only entrepreneur curious about intellectual property, so DiAngelo Law has provided this helpful FAQ list:

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What is a trademark?

A trademark is what consumers use to recognize a particular brand. A business's name is the most common trademark. Logos, slogans, and even scents associated with brands may also function as trademarks.

What happens if your trademark application is denied and you receive an Office Action?

Often times an Office Action (trademark refusal) is issued for technical reasons that can be fixed. Other times there may be complex substantive reasons for the refusal, like the trademark is too similar to an existing trademark. Sometimes the solution is responding with a legal argument supported by legal precedence and evidence. Other times the application process has to be started over. In some cases, there is no way to overcome the refusal and you'll have to consider a rebranding. An experienced trademark attorney, like Erica DiAngelo can guide you through the process.

How do you register a trademark?

Once you've completed a comprehensive trademark clearance search to determine the risk of going forward with your trademark, the next step is filing an application with the USPTO (United States Patent and Trademark Office). There are many technical requirements that go into making a successful trademark application and getting registration, so working with a business attorney experienced with trademark law is highly recommended.

How do I protect my trade secrets?

The short answer is: contracts. Having the right contracts in place with the right people makes is essential to protecting your trade secrets. Keep in mind, just because it looks like a contract doesn't mean it has the effect of an experienced attorney-drafted contract. Intellectual Property attorney, Erica DiAngelo, can help you get the proper measures in place to protect your valuable information.

Services we offer

DiAngelo Law in Tampa, FL assists with…

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Federal Trademark Registrations

business law

Trademark Office Actions Responses

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Copyright Infringement Cases

Got additional questions about intellectual property law? Contact us today.