April 2009

Marketing Tip – How to safeguard your company’s identity

Consider obtaining a trademark even if you are a small business. If your company develops an ingenious product or service, it will already be protected.

Trademark Basics for Small and Emerging Businesses -Peter R. Wilson, Esq.

What is a Trademark?

A trademark is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or any combination of the foregoing, used by a business to identify its products or services in the marketplace and to differentiate them from its competitors.

Why should I Trademark?

The value to your business arises from the Trademark’s ability to identify your product or service in such a way that potential users of your product or service seek to use your company again because of a certain level of quality that they have come to know through past use. In fact, a strong, well-protected trademark can become a significant corporate asset.

Also, if you protect your Trademark properly, you can block other companies from using a “confusingly similar” Trademark for similar products or services.

Where do I register my Trademark?

The way to obtain the greatest protection is by registering your Trademark in the U.S. Patent and Trademark Office. State Trademark registrations are available in every state, and foreign registrations are available, too.

What if I registered my company name with my state’s Department of State or Corporation’s Bureau?

Simply because your company name has been accepted and registered with the appropriate agency does not mean that you have Trademark protection for that name. A separate federal and/or state Trademark registration is necessary.

What types of Trademarks are protectable?

A Trademark must be “inherently distinctive” to obtain Trademark protection at the outset. Names that are generic or descriptive may not be able to be registered, so it is important to carefully select the item that you seek to Trademark. Often a search is recommended at the beginning of the Trademark process in order to ensure that a Trademark is viable for protection. The best Trademarks are made-up words, words that are not related to the product or service, or words that suggest some benefit from the product or service.

To learn more about Trademarks, and other business law issues, please feel free to contact Peter R. Wilson, Esq. at pwilson@reageradlerpc.com.

Peter R. Wilson is a shareholder with the Central PA law firm of Reager & Adler, PC. Peter graduated from Cornell University earning his Bachelors of Science degree in Industrial and Labor Relations. In 1993 he received his Juris Doctor degree, cum laude, from the University of Minnesota Law School. His practice includes all matters related to business law and planning, estate planning and real estate. Peter is an active board member, speaker and author for a number of area business, non-profit and service organizations. He is a member of the American Bar Association, the Pennsylvania Bar Association, the Dauphin County Bar Association, and the Cumberland County Bar Association.

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