Denver Trademark Opposition Attorney
Starting your own brand or business is an exciting venture. You are launching something that you believe in and hope to find a great deal of success with. The time, resources, and attention that you have dedicated to the project are important, and you want to be sure that it is not wasted.
As you start the journey, it is important that you have all of the necessary protections in place. There are several legal steps that you can take to ensure that your brand, business, and any products are guarded. These things are your intellectual property and should be treated with the necessary care and attention. Trademarks are one way to protect yourself and your business from others who may want to steal your ideas, and a Denver trademark attorney can help.
What You Need to Know About Intellectual Property
Anything that was created or developed entirely from your mind is considered intellectual property. These ideas or creations are often considered intangible because they may not generate a physical product that can be handled. There are many different things that can be considered intellectual property. Some of the most common examples are:
- Various inventions you develop
- Original music that you have written or recorded
- Recipes created specifically for your business
- Original works of literature, like novels or poetry
- Symbols created to represent your business
- Any type of original artwork
There are many other things that could be considered intellectual property. If you hope to create a business out of an original idea or profit from it in any way, then it is important to ensure that you provide yourself with legal protection. One of the best ways to do this is through a trademark.
The Basics of Trademarks
A trademark is any word, symbol, or logo that differentiates your brand from others that may manufacture or provide similar products and services. This could include the name of your brand, specific images that were created specifically for your company, or a symbol or logo that you use in your marketing.
Specific marks or images that you regularly use to identify your business do not have to be officially registered to garner some level of basic protection. This is referred to as a common law trademark. Any time that a product is created and distributed under a specific brand name, it has some protection under a common law trademark. Those protections can be fairly easily challenged.
Common law trademarks are primarily protected at the state level. Official trademarks are determined at the federal level, which offers a greater amount of protection. It is in your best interest as a business to register your trademark. This will ensure that competitors and other businesses are not able to infringe upon your business by using your marks or images for a different venture.
How to Defend Yourself Against Trademark Infringement
If you have created a mark that is used specifically for your business or products, then you may be able to register that as a trademark to ensure it is protected from any infringement. In order for your mark to qualify for protection as a trademark, it must be distinctive and recognizable as something directly connected to your product.
There are four primary categories that a mark could be sorted into. Each category offers a different level of protection for the product associated with the trademark. The four ways that a product may be classified are arbitrary or fanciful, suggestive, descriptive, or generic.
- Arbitrary or fanciful are often the most protected because they are the most recognizable, even though they do not describe the actual product that they are associated with. Some common examples of this would be the Nike swoosh or the Apple logo.
- Suggestive marks also garner a great deal of protection, but they may be closer to describing the actual product. A brand like Netflix would be considered suggestive because it is somewhat connected with the product but does not describe it directly.
- Descriptive marks directly describe the product, often with a description of something like size or color. A mark such as Vision Center would be descriptive because it directly describes the services offered. These are only protected if the brand or mark has become largely recognizable.
- Generic marks are the least protected because they simply describe an entire genre or category of products. Since there are likely many competitors selling a product in the same category, giving protection to one would give them too much power.
How a Denver Trademark Attorney Can Help
One of the most important aspects of protecting your intellectual property is registering a trademark so that your ideas cannot be stolen by any competitors. This process can feel overwhelming and confusing if you are not familiar with the legal system. Assistance from a Denver trademark attorney can make the process much more manageable.
Three ways that a trademark attorney can help are:
- Experience. The best trademark attorney will have several years of experience working specifically with trademark law. They will have a thorough understanding of the intricacies of trademarks and how best to approach each case.
- Expertise. It is important to work with an attorney that is familiar with trademark law specifically. A Denver trademark attorney from Four Reasons Legal will have years of specialized training and education specifically dealing with trademark law and how it functions, which will make them an ideal resource and support.
- Guidance. If you are unfamiliar with the legal system and how trademark processes work, then you may feel out of your depth when attempting to register a trademark. An experienced trademark attorney, like the team at Four Reasons Legal, can provide you with the necessary guidance, information, and resources to make the process as simple and efficient as possible. Their expertise and years of experience will ensure that they know the best way to approach your case.
If you have created a business, product, or idea that you hope to profit from, then it is essential that you protect it well. Registering a trademark is one of the best ways to ensure that any of your intellectual property is protected from potential thieves. Navigating the process of registering a trademark and protecting yourself from infringement can be time-consuming and difficult, but a Denver trademark attorney can help. Contact the team at Four Reasons Legal for all of your trademark needs.