If you have a product, service, website, or mobile app which you are marketing, protecting your rights to your mark is essential. You have to be able to take advantage of as much protection as you may have.
The federal government has strict regulations regarding whether or not your slogan, logo, or name can become a registered mark. In its simplest format, the difference depends on whether or not is merely “informational” or “generic” or “laudatory” and thus not capable distinguishing this particular product or service from that of someone else. For example, “think green and made in the usa” at some point were considered not to be registrable as being merely informational. The federal government alleged the slogan was not used to identify the product’s origin. In other words, it was not successful or used to identify the source of the product.
Often, as part of that same requirement, the slogan is not actually part of the packaging of the product and only appears in advertising for the product. That is another mistake because it is difficult to establish that the slogan is used as a source identifier.
The federal government requires the slogan, words or logo itself to be inherently distinctive and identify with the product or service so that the general public, upon hearing or seeing the slogan, word or logo relates it to the particular service or product. Some popular examples of this type of slogan is “Just Do It.” for Nike.
Protecting your slogans, words or logo which you use in your business to provide your services or sell your products is often a very difficult proposition and has challenging issues to deal with. You are best served in taking the necessary and proper steps by engaging our law firm to assist you and guide you as you navigate all these steps. Just keep in mind that from the marketing as well as the legal standpoint, the more the slogan, words or logo are used in connection with a product or service, the more weight such use may carry over time in terms of the trademark registration process. Be consistent in your use; make sure the logo mirrors itself everywhere you use it. Keep detailed records and notes as well as copies of all uses in case you ever need to prove your use.
Do not delay; call us today or visit our website to get the process started!
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