Your Business’s Trademark

After you have developed a business plan and registered your new company, you will probably want to design a trademark. This is an image, word, or slogan that distinguishes the products you sell from other companies’. Technically a logo for a service is called a “service mark,” although the term trademark is often used to cover both products and services.

Protecting your company’s intellectual property, including your trademark, is an important part of running a successful business. For the legal assistance your business needs, contact the Austin intellectual property attorneys of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.

Basic Facts about Trademarks

Because trademarks fall under the jurisdiction of common law, you do not need to officially register one to use it or have exclusive rights to it. A trademark becomes yours as soon as you begin using to mark your product. If there is a conflict between ownership of a trademark, courts generally find in favor of whichever party used it first.

Although it is not required, many businesses choose to register their trademarks with the Texas Secretary of State and sometimes with the federal government. Before you can apply for registration, you must use your trademark for business purposes. This use is what establishes the mark as yours. You do not need an Austin trademark attorney to register your mark, but it is recommended.

There are several advantages to registering with the state government. It will give you a legal advantage if you ever need to protect your exclusive right to use the mark. It also adds your mark to the state list of registered trademarks (federally registered trademarks are kept on a separate list), so other businesses can see it before they design their own trademarks.

Contact Us

The experienced Austin trademark lawyers at Slater, Kennon & Pugh Ltd.LLP can help you understand your rights and responsibilities as a small business owner. Contact our offices at 512-472-2431.