Do I need to register a trademark and why?
I’m Steve Kramer. I’m a Florida trademark attorney. And really the question is what
is a trademark? And a trademark really is a recognizable sign, design or expression.
It’s something, you know, it can be as simple as a logo. It can be the name of a company.
It can be, you know, for McDonald’s the Golden Arches or it can even be a color that brings
to mind a certain company. Really it’s anything that would signal who produces a product,
who the source a particular product or service is. And the question you’ve got to ask yourself
is do you register it or not? Because you gain trademark protection — some limited
trademark protection — by doing business and by obtaining what’s called secondary meaning,
where people think of your product. But you gain more protection if you actually register
the trademark. And you register it by filing with a trademark with the U.S. Patent and
Trademark Office. And what that gets is it puts the public on notice, it tells the world
this is my trademark. This is my brand. It also can get you a presumption of ownership,
a presumption that your trademark is valid which you might not get if you don’t register
it. It gives you also the exclusive right to use that trademark and it can oppose penalties
and fines on other people who infringe on your trademark down the line. So there are
some real good reasons to go ahead and file a trademark. If you have any questions, call
me. We deal with these types of issues, all kinds of intellectual property issues. You
know, we’re ready to help you with any issue you’ve got. That’s why we’re one firm for
life. So call me, pick up the phone. I’m Steve Kramer, thanks for watching.