FAQ (Trademarks)
What is a trademark?
A trademark is a word, phrase, design or symbol that identifies the source of your product/service and distinguishes them from the products/services of other companies.
Does forming a corporation or other entity using my business name give me trademark rights to the name?
No, formation of an entity (by itself) does not give you trademark rights.
How do I obtain rights to a trademark?
Trademark rights are obtained through use in commerce. Once you start using a trademark in connection with a good or service you are offering for sale, you become the “owner” of the trademark with respect to that good or service. Such rights are called “common law” rights and are limited to the geographical area where the good or service is offered.
Unfortunately, relying upon common law trademark rights often lead to legal disputes regarding who started using the trademark first (priority) and where they used it (geographical area).
I’m not looking for trademark disputes, I just want to run my business and have my trademark protected. What should I do?
Ideally, you want to “clear” a trademark before using it in commerce. That is, you want to make sure it is a “strong” trademark and that no one else has rights to it BEFORE you start using it in commerce.