The Brough Law Firm PLLC • 4009 Banister Lane, Suite 420  • Austin, Texas 78704

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Trademarks - Do You Need One For Your Business?

Trenton Brough

With more and more small businesses being formed throughout Texas, an important consideration is the protection of your brand.  In this day and age, where Internet usage has become globally available, entrepreneurs and business owners are running into instances in which they find themselves competing with other businesses that have similar branding. 

Business owners can protect their brand by registering their trademark with the United States Patent and Trademark Office ("USPTO").  The USPTO states that a "trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and indicate the source of the goods/services."  

While federally registering your mark with the USPTO allows for the maximum protection afforded under federal law in the event of an infringement of your mark, there are also other ways to receive mark protection under common law.  Those strategies include creating an Internet presence with your brand and providing goods and/or services which bear your brand to show first in use.  

In sum, there are several steps that a business can take in order to protect its brand.  For the most protection, as well as the most beneficial legal remedies allowed by law, a business owner should apply for federal registration of its trademark.  The application process itself can be lengthy and can be complicated to maneuver which presents the risk of not adequately protecting your mark.

The Brough Law Firm, PLLC assists its business clients in maneuvering the trademark application process.  Your attorney will review your proposed mark and conduct legal research in order to provide you with an opinion as to whether your mark appears to be available for federal protection.  Additionally, your attorney will prepare your application and submit it to the USPTO for final approval and will keep you updated throughout the process.

If you are interested in protecting your brand, contact The Brough Law Firm, PLLC by calling 512-792-9510 or by clicking here