Steps to Register a Trademark for Your Arizona Business
Business Attorneys Explain How To Trademark A Name For A Business
A trademark is one of many tools you can use to protect your intellectual property. Other options include patents and copyright. The tool you need depends upon what intellectual property you are trying to protect. Trademarks are used to protect a word, phrase, symbol, or design owned by your business. One of the most common items that businesses trademark are their business names or product names.
You should talk with an Arizona business lawyer to learn what tools will give you the best protection for your business property and then what steps you need to take. If a trademark is right for you, here are the steps you will take to register your trademark:
Fill Out The Trademark Application
You need to submit an application to register your trademark to the U.S. Patent and Trademark Office (USPTO). You will need to provide a lot of information about your business and the item you are seeking to trademark.
While you might think that the application is pretty straight forward and won’t pose any problems for you, it would be best if you reviewed and completed the application with an experienced business attorney in Gilbert. Your business lawyer will ensure that you provide accurate and appropriate information to get your application expedited quickly and to ensure that your intellectual property is protected to potential future challenges.
You must abide by strict deadlines when applying for your trademark. If you miss the deadline, your application will be swiftly rejected. Know also that your trademark does not last forever. You have to renew your trademark to continue with your protection. If you miss the deadline for that, you can lose your trademark and your protection.
This is another reason why it makes a lot of sense to work with a Chandler business attorney on your application. Your attorney can keep you apprised of the deadlines and other specifics of the process to ensure that your application stays on track and is poised for acceptance. Even small errors can lead to your application being rejected. If you are in a competitive field, or you have an especially good idea that you are trying to protect, the stakes are high. You can’t let your intellectual property be stolen because you made a simple mistake.
Considering Trademark Registration
You are not required to register a trademark to have one. The law does recognize a “common law” trademark that you notate yourself with TM for goods or SM for services. You just put this designation behind your business name or your menu of products or services.
However, there are many benefits to officially registering your trademark, including a public notice that your item is trademarked and protected. There can be no question about your ownership and about the date that began. With the common law trademark, you may assume you were protected, but not realize that someone else has also been using a common law trademark for the same thing or has already registered it. Then you may end up in court defending your use of the trademark or trying to claim your rights to it. You can avoid all of that by officially registering your trademark and ensuring that there is no question of your ownership.
You should consult with a business attorney in Phoenix to determine whether a trademark is the right option for you and how you should proceed with registering it. You may also need to consider a patent or copyright, either in place of a trademark or to protect additional intellectual property for your business. Your business lawyer can help you understand the benefits and uses of each, as well as how to register them and protect your property.
Contact Experienced Business Lawyers In Mesa, AZ
Call Denton Peterson Dunn in Arizona to speak to a business attorney about your options. Our experienced business lawyers can help you with all aspects of your business, including registering trademarks and copyrights, registering your business entity, drafting and negotiating contracts, analyzing franchise agreements, and more. We serve clients throughout Phoenix, Mesa, Scottsdale, and the surrounding areas. We also have litigation lawyers who can help if you are involved in a trademark or copyright dispute. Contact us today to schedule a consultation with a business lawyer to discuss your options.