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What is a Trademark?

Let’s start with some basics for getting your trademark registered.

A trademark is a type of intellectual property protection separate from copyrights, patents, and trade secrets. It can be a word, design, logo, slogan/tag line that identifies the source of goods or services.  Registered Trademarks are different from registered copyrights which protect the expression of an original work; registered patents which protect inventions; and unregistered trade secrets which protect confidential business information.  (Check out the difference between trademarks and service marks).

You can federally register a trademark with the United States Patent and Trademark Office. But why bother?  Well, registering trademarks gives you a bunch of federal rights and benefits.

The Benefits of a Registered Trademark

  • Exclusive ownership rights to your mark in the U.S.  
  • Protection from infringers and the ability to send cease & desist letters or bring a federal suit.  
  • Save $$$ from having to litigate the use of your brand.  Save $$$ from having to rebrand because of multiple users.  
  • The right to recover statutory damages from the infringer – up to $100,000 per counterfeit mark.
  • The right to recover your attorney’s fees from the infringer.
  • The right to use ®️  

It’s important to note that ™️ and ®️ are not the same. The use of ®️ indicates a federally registered mark.  The use of ™️ however, means that the mark has not been registered yet with the USPTO (an application could or could not be pending). It does not have the same ownership protection.

Let Karana IP get you from ™️ to ®️.

If you have a new brand to protect, Karana IP has the ability to help you choose, protect, and enforce trademarks under state and federal law.

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