Trademarks are words, phrases, symbols, designs, or any combination thereof used to distinguish the source or origin of goods from those of others. Service marks, on the other hand, are used to indicate the source or origin of services. However, in everyday language, both trademarks and service marks are commonly referred to as simply “trademarks.”

The primary purposes of trademarks are:

1. To inform consumers about the origin of the products or services they are using, enabling them to make informed choices.

2. To protect businesses from counterfeiters or unauthorized users who could harm their reputation or profit from their established goodwill.

Trademarks play a crucial role in safeguarding both consumers and businesses. For consumers, trademarks ensure they can identify and rely on trusted brands. For businesses, trademarks serve as a protective shield for their reputation and an asset to their commercial success.

Are you or your business using a mark? If so, it’s worth considering whether that mark should be protected through registration.

Imagine you are a roofer with a stellar reputation in your community. One day, someone else starts operating under your name or using a similar mark. If their work is substandard, your customers may mistakenly associate their poor-quality services with your brand, damaging your reputation and your bottom line.

Registering a trademark helps prevent such scenarios. It:

• Confirms to consumers that your business is authentic and reliable.

• Grants you the legal tools to stop others from using your brand without permission.

You can apply for trademark protection with the U.S. Patent and Trademark Office (USPTO) as soon as you begin using a mark in commerce. Even if your business is still in the planning stages, you can file an “intent-to-use” application to secure rights for future use.

Many states also offer their own trademark registration processes, but the requirements and protections differ from those provided by the USPTO. Federal registration typically offers broader protection across the United States.

While U.S. citizens can apply for trademarks without legal assistance, it’s generally not recommended. Navigating the trademark registration process can be as complex as representing yourself in court. Without expertise, applicants often make errors that require costly fixes, far exceeding the cost of hiring an attorney from the outset.

At Twisdale Law, PC, we have experience in assisting clients with trademark registration. From conducting thorough trademark searches to preparing and filing your application, our attorneys are here to ensure a smooth and successful process. By investing in professional legal assistance, you’re investing in the long-term security of your brand and business.

For non-U.S. citizens, the USPTO requires representation by a licensed U.S. attorney. Our firm is ready to guide international clients through this process with expertise and efficiency.

Whether you’re an established business or a startup, trademark registration is a critical step in protecting your intellectual property and maintaining your competitive edge. Contact Twisdale Law, PC, with offices in North Carolina, South Carolina, and Tennessee to learn more about how we can assist you in safeguarding your brand.