Sunday, August 1

Trademark FAQ by Kelley Way


Along the way, Ive observed a few questions that tend to get asked a lot, so I believed I d devote a blog short article to addressing trademark regularly asked concerns (FAQ).

Trademark is (for me) a fascinating area of law, and I constantly delight in helping clients get their trademark registered with the U.S. Patent and Trademark Office..

Lets invite back monthly columnist Kelley Method as she shares with us “Hallmark FAQ.” Enjoy!

Can I Trademark a DBA?

Considered that, I feel that most of the times, its better to focus on getting your organization off the ground initially and work on registration once you have some traction and a little deposit.

Others state to wait till your hallmark has actually been in the marketplace some time so that it has some worth and is worth protecting..

If you utilize your DBA in your marketing and have actually constructed a track record around that name, then you can obtain hallmark security.

A trademark can be anything that functions as a source identifier– if somebody sees it in relation to your product or service and considers you, then you have a trademark..

There are a number of different theories out there on the very best time to sign up..

Some state register instantly to make sure nobody else attempts to use your mark..

I tend to fall into the 2nd camp– signing up a trademark is expensive, and the process is simpler if you have lots of evidence that youre actively using the mark in your marketing..

When Should I Register My Trademark?.

If I hire someone to produce my logo design, who owns the trademark?

With a hallmark, its “utilize it or lose it.”.

Outstanding concern!.

The courts do not care who created it, only who utilizes it..

If youre using it in commerce and the developer is not, then you have the rights to the trademark..

The developer might be able to claim copyright ownership, so make sure you have an agreement that defines who owns both the hallmark and the copyright.

Can I turn stock art into a logo design?

If youre in company, you need to have some kind of source identifier to build your brand name around..

Clients need something they can point to, so they can tell their good friends to purchase your item.

It might be as easy as your companys name, and most of the times, thats what people start with..

When Do I Need a Trademark?.

In addition, there might be copyright problems if you dont have permission.

Technically yes, however I would be worried that it would not be a great source identifier since someone else could easily utilize the same stock art in their service..

If you have a hallmark FAQ, you are welcome to email me at [ e-mail protected]



Kelley Way was born and raised in Walnut Creek, California. She graduated from UC Davis with a B.A. in English, followed by a Juris Doctorate. Kelley is a member of the California Bar, and an aspiring writer of young adult fantasy books. More details at

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