The Purpose of Trademarks

Trademarks can serve multiple purposes and they can vary according to the company and what their overall intention is. There are two main purposes that a trademark serves. One is distinguishing and identifying services or goods that a seller or manufacturer sells or is sold by other companies or sellers. The second is to give the public the information about where the logo, name, or brand came from. It ultimately is a way to brand a product, name, or slogan.

Federal Rights to a Trademark

There are several steps that everyone must take in order to file for a trademark federally. These steps can determine whether or not the trademark is processed and given. In order for you to acquire a federal trademark the application or registration process must be completed on the federal level, not the state. There are two ways that you can qualify your intended trademark:

Usage: It is possible to use a name, logo, or slogan before obtaining a trademark for it. When a trademark or brand is being used, it may qualify it to be registered federally. However, there are different stipulations with different brands and more research into your distinct slogan, name, or logo may be required.

Future Usage: You do not have to currently be using a trademark in order to file a trademark application. However, even though it may not require you to currently be using it, it does require that your intention of using it is in the near future. Basically, a trademark registration will hold your intents for a small period of time while you begin to use the name, slogan, or logo.

Options of Filing

Essentially, you will want to file the documents correctly in order to own the rights to your intended slogan, name, or logo. There are two options of filing for a trademark and both of them can be successful. The first way is to file the application for trademark yourself, which can be very frustrating if you do not understand the legal terms and other information that is on the application.

The second option of filing is to hire an experienced attorney to file the trademark for you. This can be the best way for many people as their expertise may fall short of legal matters. Hiring an attorney does not have to become a daunting task. In fact, many attorneys will allow you to consult with them before hiring to help give you an idea of who you would be working with if hired.