As reported by CNN, Taylor Swift, well-known for her music and songwriting, has begun the process of TRADEMARKING titles to her songs and phrases such as “Party Like It’s 1989,” and “This Sick Beat”. She wanted to TRADEMARK “Shake It Off” from her new hit single but maybe unable to do so because a diet company already trademarked the phrase.
You invest a lot of time and money into developing a public image and name recognition for your products and services. Why not receive the added recognition, protection and exposure offered by a trademark registration to exclude others from using the image/name of your products and services. We have been successful in TRADEMARKING phrases, company names and logos such as CITY WONDERS, SPOILED ANGEL, INFINITE CREATIONS, LOVE UNIVERSITY and LEMON DROP just to name a few. We have even been able trademark the number 63 for a client.
A trademark is a valuable asset to any business. It gets you recognized. Look at the trademark for Nike. Everyone knows the Nike Swoosh by sight and immediately recognizes it as belonging to Nike. No need to look for a tag or the written word to know that it is related to a Nike product. The same is true for small business. Lemon Drop and Infinite Creations are not big companies, but they are both trademarked and used in their marketing.
Prior to filing a trademark application, the mark/name must be researched to determine whether it is trademarkable. Among the various issues to be considered are whether the mark/name will be confused with other trademarks and additionally whether the mark/name is generic, descriptive or a surname.
There are two types of applications to be considered: in-use application or intent-to-use application.
An in-use application is filed for marks/names that are already being used in commerce. An intent-to-use application is filed for
marks/names that have not yet been used in commerce, however, the owner intends to use the mark/name in the near future.
Logos can be trademarked along with phrases to make an even more powerful impact to the public. For instance, take the Coca Cola logo, along with the phrase “It’s the real thing”. Trademarks put a face on whatever you want to put out the public. A trademark can be as big as your imagination.
Michael B. Schulman & Associates has trademarked its own logo. You will find our logo on our business cards, stationary, checks and all marketing material.
Trademarks are not reserved for only big businesses, celebrities, like Taylor Swift, or large companies like Nike. You may apply for your own trademark. It is simple, affordable and we do most of the work for you.
The above is a very basic description of the process involved. It is highly advisable to seek the guidance of an attorney in one’s quest for a federally registered trademark. Give us a call and we will guide you through the process.
Posted by Michael B. Schulman, Managing Attorney
This Blog (mbslegal.com/what-we-say)/Web Site (mbslegal.com) is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.