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Why Protect Your Name With a Trademark

By  Kelly Legal Group

Many people get confused on what they need when protecting a name, an invention or literary work. Many times someone writing a book, poems, music, and the person will need to get a copyright. If someone has an invention, they will need to seek a patent with a patent attorney. It is important to note not all lawyers can do patents. One must pass the patent bar to be able to draft a patent application and handle any possible litigation over the patents.

A trademark is a brand name and includes any word, name, symbol, slogan, 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 to indicate the source of the goods/services. Trademarks can be a word mark protecting the name for a particular use or it can be a design mark for a logo. Attorney Keith McMahon has handled trademarks for not just local businesses but a number of celebrities including ex- Misfits Guitarist Doyle Wolfgang Von Frankenstein and Playboy Playmate Tina Jordan.

The function of a trademark is to be an indicator of source, in other words the mark should distinguish its’ owners products from others in the marketplace. The mark also operates as a guarantor of quality in that it should indicate to the public a consistency of quality as the older of the mark is taking his or her profession, goods/services, seriously enough to obtain the trademark. Finally a trademark is used as an advertising tool as this will become a brand. The mark should carry sufficient drawing power to persuade purchasers to choose one product over competing products. This brand should carry the holder, whether company or performer, over the to their desired customer base and bring in more positive attention to the goods/services being offered. The point of the mark is to be inherently distinctive for consumers to immediately recognize the mark.

The process can be long and tedious depending on the kind of mark and the international classes and industries involved and that is why the USPTO recommends having an attorney to draft the application and to correspond with the attorneys from the USPTO timely to ensure the mark goes through and is accepted by the USPTO.