Trademark a Business | Register a Trademark | Trademark Litigation

?Everyday there are several trademark litigation cases being filed in the US and in almost every other country. When there are more than seven billion people on earth and a little less than a billion trademarks, trademark litigation is possibly the most common lawsuit that plagues the business world. Trademark cases are not always indicative of a certain fault that is intentional on the part of the alleged defendant but it is just that the law stipulates that a business trademark is a proprietary stuff that cannot be used by any other party without the necessary clearances from the owner of the business trademark.

Trademark registration is the only way to be absolutely safe and immune from trademark lawsuits. Now, trademark registration can be done in a very simple way. While registering a business and acquiring the necessary license, every company gets a registered name that is not in use by any other enterprise in the country. That secures the business name and if that name is your business trademark then you ought to register them with the United States Patent and Trademark Office. Once you have done the trademark registration then the usage of your business name and all associated trademarks would always be immune to trademark infringement.

In many cases, the business name is not always the business trademark and there may be some signs, symbols, logos, designs, taglines, phrases and even website domains. In such cases, one has to go about trademark registration for all these contents. Since the trademark law ascertains ownership of a trademark on the person or business that uses a phrase, name or content for the first time, it is always better to go for trademark registration as soon as one can.

Trademark law can be a tricky area and a business should always seek instant legal counseling on such issues. Honda was surprised in 2010 by ?Save The Earth? foundation because in one of the commercial advertisements used by the auto maker, a guy was sporting a T Shirt that said ?Save The Earth?. The foundation hit back with a trademark litigation attorney citing that this was a trademark infringement and indicated that the foundation was endorsing Honda and their products. While small and medium businesses may not have to worry about the outreach that Honda has, hence possibly drawing greater attention, yet trademark lawsuits can crop up from the most unlikely sources.

Source: http://www.fizzlaw.com/article/trademarking-a-business-name

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