Our attorneys Vincent LoTempio and Erin Gormley are proud to present a new video series to help businesses and inventors protect their intellectual property! This video series is called “Trademark Talk with Erin.”
The series consists of videos that are easy to watch & learn and provide tips and advice on how to protect your trademark, identify the right kind of legal protection for you, and much more!
The First Video is Already Out!
The first episode of the “Trademark Talk with Erin” is already out and available for viewing! The first episode features our trademark attorney, Erin Gormley, who explains why conducting a trademark search is beneficial and necessary before applying for a trademark.
Some Trademark Law Basics
Some of our readers and viewers may not know what a trademark is. So we will take a moment to explain some of the basics of trademark law so that everyone is up to speed. Black’s Law Dictionary defines trademark as a ” word or symbol designation which identifies the source of the goods or services.” Trademarks allow consumers to know where a product or service comes from. Trademarks can be an extremely valuable asset to a business or company. Think about the Nike swoosh logo and how products can be deemed valuable, just because they have the Nike logo on them.
How Trademark Law can Help Businesses and Companies
Trademarks can help businesses and companies in other ways. Trademark holders generally have the exclusive right to use the mark. Unauthorized parties using the same or similar mark that causes a likelihood of confusion may be infringing upon the trademark holder’s rights. This in turn may allow the trademark holder to stop the unauthorized party from using the same or similar mark.
Some Limitations on what can be Protected with a Trademark
A word, symbol, or mark may need to meet certain requirements before it can qualify for trademark protection. Generally, a word, symbol, or mark may need to be considered inherently distinctive before it can qualify for a trademark. Words, symbols, or marks that are generic will probably not qualify for trademark protection. Descriptive words, symbols, or marks generally do not qualify for full trademark protection unless they attain secondary meaning.
Having a Trademark Lawyer can help!
Inherently distinctive? Secondary meaning? Generic mark? What does all of that mean? These terms are commonly used in trademark law, but not everyone may know what they mean. A trademark lawyer understands these terms and can help you to assess whether or not a trademark may be inherently distinctive, descriptive, or generic. Moreover, trademark attorneys are proficient at trademark searches and help determine whether a word, mark, or symbol is likely to qualify for trademark protection.
What are your thoughts on our new “Trademark Talk” Video Series? What did you learn about trademark law? Leave a comment below to let us know what you think!
You can watch the first video here!
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Disclaimer: This article is not legal advice. It is only for educational or entertainment purposes only. Please do not use the article or contents of the article without permission. For legal advice and questions, please contact registered Patent Attorney Vincent LoTempio.