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Ways to protect your trademark

Use it or lose it

Protect and maintain rights over your trademark by actively using it. It's not necessary to sell any goods or services to put a trademark into a use, offering a product to the public under a trademark is sufficient enough.

Periodically, you'll be required to file an Affidavit of Continued Use or Excusable Non use along with an Application for Renewal.

Registered and trademark symbols

Use your mark thoughtfully by correctly identifying it every time you use it. After your trademark has become registered, use the registered symbol (an "R" with a circle around it). If your trademark has not yet received registration you are to use the "TM" (trademark) or "SM" (service mark) symbol.

You are not legally obligated to use a "TM" or "SM" symbol, however, using it consistently adds to the assurance of your claimed ownership of the trademark.

Document any unauthorized use

If you notice that someone is using your trademark without permission or using a mark similar to yours, request that the infringer stop using it by sending a "cease and desist" letter.

Document the infringements as you see them. Take any screen shots or photos, record where you saw them along with the date and time.

Choose a strong, distinct mark

A trademark needs to be easily identified. You want the public to be able to directly associate the product or service you're offering with your trademark. Take Nike for example, all it takes it their simple swoosh symbol for people to instantly recognize their brand.

How can a lawyer help with trademark laws?

Find an attorney who focuses on trademark laws before attempting to register yours. Publicly staking your claim on a trademark is not something you want to handle on your own. This trademark could bring vital importance to your future and a lawyer will help make sure you're taking all the necessary steps. It's a good idea to maintain a professional relationship with your lawyer after getting your trademark registered; they will be an asset in keeping your mark protected.

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Phone: 954-533-0825
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