What is a Trademark?
A trademark is used to identify products or services provided by an individual and can be in the form of a name, word, symbol, or slogan, or any combination thereof. Trademarks are adopted and used to distinguish a person’s product or service from similar products or services offered by others. Trademark law is intended to protect the consumer by minimizing confusion in the marketplace and is not a means to establish sole property rights.
Should I Trademark My Business Name?
In most cases, a business name is not eligible for trademark registration unless that business name is placed on the product/s being offered or used for advertising. For example, if the name of the business details the services offered or the product sold, a trademark registration would be recommended. Consulting with a business attorney who can provide the necessary guidance on how to protect your business is strongly advised.
Do I Need to Register My Trademark in Colorado?
If you are the first to use a mark for your business in Colorado, the trademark rights automatically apply and become ‘common law’. Keep in mind, this right will only pertain to your specific area, so it is highly recommended that you register your mark, especially if your products or services extend beyond your geographical area, i.e. you offer your services or products outside of Colorado or via the internet, in which case federal registration would apply.
Trademarks: State vs. Federal
State registration of trademarks grants rights within the state the trademark is registered only. Every state is different in terms of rules and regulations with some requiring registration while others do not. Colorado does not require trademark registration; however, registering your trademark in Colorado can offer added benefits, such as distinguishing you from others who might offer similar products or services.
The U.S. Patent & Trademark Office (USPTO) is responsible for granting federal trademark registration rights. A federal trademark registration is necessary for those businesses who are federally regulated or provide goods and services across state lines. Such registrations are recognized on the federal level and the rights apply throughout the United States.
Do I Need a Trademark for My Business?
When starting a business in Colorado, it’s always good to speak with a business attorney who specializes in Intellectual Property Law. Ted Bendelow of Bendelow and Wolfson is a seasoned attorney with extensive knowledge in every aspect of business start-up, including intellectual property.
The Intellectual Property team at Bendelow and Wolfson can assist you with determining what is best for your business and handle every phase of trademark registration on the state and federal levels. From multimillion-dollar corporations to new business start-ups, Ted Bendelow has provided his expertise in business law for companies on every level for over 40 years.
For clients in Boulder, Longmont, Denver or throughout Northern Colorado needing an experienced business attorney to guide you through the process of your business endeavors, call the professionals at Bendelow and Wolfson today.
