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Do I Need A Trademark?

By Matt Jacobs

A trademark is a image, word or noise used by an individual or business to identify themselves or their goods. In the arena of business and advertising, a trademark can be an excellent form of promotion. Many businesses have increased their success extensively by employing a good or snappy trademark. Some trademarks were around more than a century ago and still work to market their business as a well known face in advertising.

To protect the use of trademarks, trademark law was developed. Trademark law covers the specific goods and services of a company, but not a certain technology. Trademark law is similar to branding; where there may be a number of sorts of athletic shoes available, only one is permitted to possess the trademarked Nike swoosh as its brand.

Trademarks cover the visual, textual or audible brand of a company or person. The Nike swoosh logo, McDonald’s “I’m Lovin’ It” slogan, and the sound of the NBC chimes are all trademark instances. If any other entity tries to use them without permission, the trademark owner has the right to file a lawsuit under trademark law.

The U.S. Patent and Trademark Office generally leaves the policing and enforcement of trademarks up to the trademark owner. The USPTO serves more as a confirmation means when trademark law is broken. Once the trademark is set up with the USPTO the office can verify that the trademark is legally legitimate and held by the owner.

If a trademark owner discovers their property is being violated under trademark law, they first must send a “cease and desist” order to the violating party. If the letter does not work, the trademark owner can benefit from the help of trademark legal professionals with experience in filing lawsuits for unauthorized use of trademarked materials.

A registered trademark that is established to have been illegally employed under trademark law may bring a reward of up to triple damages for the trademark owner. This is in addition to the trademark attorneys’ fees.

Our Los Angeles IP lawyers have formed lasting relationships with businesses across Los Angeles County and around the globe. Contact our Los Angeles IP lawyers today for experienced help with protecting your trademarks – +1 213 290 4933.

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Article Citation
MLA Style Citation:
Jacobs, Matt "Do I Need A Trademark?." Do I Need A Trademark?. 23 Jun. 2010. 11 Feb 2016 <>.

APA Style Citation:
Jacobs, M (2010, June 23). Do I Need A Trademark?. Retrieved February 11, 2016, from

Chicago Style Citation:
Jacobs, Matt "Do I Need A Trademark?"

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