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How To Save Your Business From Trademark Lawsuits?

Date Added: February 20, 2010 04:18:31 PM
Author: Administrator
Category: Legal Experts

How To Save Your Business From Trademark Lawsuits?

Author: Emily Ralph

Trademark infringement is one of the thousands of legal harassments that a small business owner may face. But before getting into how to save your company from litigation you need to understand what is trademark and why do you need to protect it. It can be a single word, a phrase, a symbol or a combination of these three that helps customers to identify your particular brand. For example, the phrase "I'm lovin' it" is the trademark of an international chain of fast food and beverages outlet. Using the same for your business will surely call for a lawsuit. This theory also applies to small organizations. You too can file a lawsuit against any company so as to protect yourself from trademark infringement.

Are patent and trademark same?

No, they are not. Patent helps the inventor/ creator to safeguard their inventions or new ideas from being used commercially without their permission. On the other hand, trademark has nothing to do with such technological aspects. It is anything with the help of which one can identify and distinguish the source of a product or service from their competitors. However, the patent and trademark laws may overlap on rare occasions. In such situations one may have to invoke trademark laws so as to protect the product.

How to get such legal protection?

Generally speaking, it is quite simple if all your papers are authentic. However, it requires certain research on your part. First and foremost, do a trademark search. You might have a brilliant name or logo for your new company or line of products, it must not have similarities with any other existing company or brand. You may search the government database to be sure that the name, design, or ad campaign is unique. You can also take help of the various free search engines. All you need to do is type the name or phrase in quotation marks and it will search the Internet to find whether or not any other company is using the same. However, you need to be more cautious while dealing with symbols or designs. In such cases you can take help from professional trademark search service providers.

Once you are sure about the proposed trademark get it registered. Though it is not a requirement for small business owners, it will surely keep the trademark infringers at bay. After receiving your trademark registration you can use the "®" symbol. Those who are yet to get their trademark registered can use the "tm" symbol.

Do you need an attorney to apply for trademark registration?

Although it is not necessary, it is advisable to seek help from one who is well acquainted with trademark laws. You can conveniently refer to Yellow Pages or your local bar associations for finding such legal professionals. In case you are not seeking professional help you need to be thorough with the process. Apart from the completed trademark application form you will have to submit a drawing as well as a specimen of the trademark that is to be registered.

Article Source: Link

About the Author

Emily Ralph is an independent small business consultant who advises and counsels small business owners and helps them. To access more information about small business manufacturer, Free Tenders and b2b buying leads visit

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