• What You Need to Know About Trademarks; A Minute with Andrew Rapacke
  • June 9, 2016 | Author: Andrew S. Rapacke
  • Law Firm: The Rapacke Law Group - Orlando Office

  • Andy, why should I trademark my Toy Brand?

    First and foremost a trademark is a valuable form of intellectual property that helps distinguish your goods and services from another. Creating a strong brand in your marketplace is essential to your business’s success. At the same time, trademark protection is often the most important first-step overlooked by many businesses today. If you want to protect your brand from misuse by another while creating distinction and loyalty, then a trademark is your answer.

    Andy, what exactly can I protect?

    Trademark protection allows words, names, logos, taglines and packaging that further distinguish your goods or services from another.   The first step is trying to decide if a trademark is right for you is to ask yourself “is my logo, tagline, etc. unique and distinguishable? In what region of the country or world do I operate? Not everything can be a trademark or is worth pursuing trademark protection, but If your name, symbol, logo coloring or spatial orientation is unique and helps distinguish your brand then, it may be protected.

    Andy, what's the process?

    In the United States, you may receive a trademark if you can establish priority in the mark with a particular good or service. Yes, you may have some rights in the mark without federal registration, but a mark registered in the United States Patent and Trademark Office (USPTO) is definitive and puts others on notice of your mark. Remember, the more you can distinguish your brand from another, the easier it will be to protect. You have put the countless hours and time into building your brand; a trademark will ensure that it remains yours!