Trademarks are the mechanism through which one’s branding is protected, in contrast to patents, through which utilitarian innovations are protected, and copyrights which protect artistic expression. Trademarks can be words, phrases, symbols, designs, or a combination of these elements. They are the means by which your goods and services are recognized by customers and how your customers differentiate you from your competitors.
Under U.S. trademark law, a brand owner can be awarded federal registration for its marks through the U.S. Patent and Trademark Office (USPTO). Simply put, a federal registration gives a brand owner rights that are nationwide in their scope, whereas without federal registration rights are generally limited to the region where actual use is taking place.
If international trademark rights are wanted, the United States is a member of the Madrid Protocol — which is a trademark treaty currently adopted by over a hundred countries with more on the way. A registration under the Madrid Protocol allows a brand owner to expand its U.S. rights into other countries through a single filing, based on its U.S. registration = and submitted through the USPTO.
At Winder Intellectual Property Law, we assist brand owners in all phases of brand adoption including conducting preliminary clearance searches to help ensure a selected mark, or a confusingly similar variation of the mark, has not already been adopted in a competing space. We also assist brand owners in registering their rights both under U.S. law and under the Madrid Protocol.
