TrademarksHow do you know if what you are buying is a high quality product or a low quality product? How do you know if the product is being produced by a company known for creating great products?
Trademarks are key in helping us as consumers make these types of qualitiative determinations. Trademarks are source identifiers for goods and services (Servicemarks). Trademarks allow consumers to differentiate between two similar looking or functioning products. Trademarks are generally comprised of two parts: (1) The tradename; and (2) the good or service associated with the tradename. To create a protectable trademark, the good or service needs to be sold/rendered in interstate commerce, meaning that you need to be selling or rendering the service in more than one state. How protectable is my Trademark? Trademarks have a sliding scale of protectability. Weak trademarks often include highly descriptive names (names that are highly suggestive of the goods or services), whereas a stronger trademark will include an arbitrary name such as Google(TM). We offer a service that provides you with a trademark for any product or service that has been searched for the aforementioned conflicts. While no search is perfect, you can reduce risks associated with choosing a name and not considering potential marketplace confusion that may result. Is my Trademark available for me to use? Trademarks should be searched prior to adoption. It is best to search both federal registries and conduct thorough common law and competitive checks prior to adopting a trademark. Failure to search your proposed trademark can result (even innocently) in creating a likelihood of confusion with other trademarks for similar goods and services. Let us help you search your proposed names for your product or service to prevent you from adopting a tradename that is confusingly similar to another trademark that is already in use by another party. |
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Lexigent, LLC 7447 South Lewis Avenue Tulsa, OK 74136 918-856-3100 918-856-3102 [email protected] |
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