Does your California company need a trademark?

| May 20, 2020 | Trademark Law

Having a trademark is an important tool for branding your business. It makes your business stand out as recognizable and distinct from other companies. This type of intellectual property (IP) rights can prove to be quite valuable. A trademark owner can demand that any violator of their IP rights cease and desist their unauthorized actions. They can also sue them in civil court if they’re unwilling to do so.

Trademarks can be anything from a slogan, to a symbol to a word or name. The United States Patent and Trademark Office (USPTO) requires trademarks to be distinct and used in commerce. There are four categories of distinction for trademarks including descriptive, fanciful or arbitrary, generic and suggestive.

There’s no law on the books that requires you to trademark your business logo to protect its intellectual property rights. It may be in your company’s best interest to do so though. Consumers tend to feel better about a company and more confident about its products when they know that someone else isn’t using the trademark to make or offer counterfeit or knockoff merchandise.

Some companies secure trademarks for more practical reasons though. There are instances in which some banks require a brand to have first trademarked their name before they can open a bank account using it.

Having a trademark also provides you with proof of ownership of the product you’re offering or selling. Licensing your brand gives you the right to mark your products in local, state and nationwide jurisdictions. This is key information should you become embroiled in some type of ownership dispute.

If you have a business, company or product, then you might want to strongly consider establishing a trademark to protect your Roseville company’s image and intellectual property rights. You’ve worked hard to build what you have. You shouldn’t let another company take it away from you. An experienced trademark law attorney can help you establish your trademark and defend it if someone uses it without your prior authorization.