| Trademark infringement is one of the thousands | | | | products, it must not have similarities with any |
| of legal harassments that a small business owner | | | | other existing company or brand. You may search |
| may face. But before getting into how to save | | | | the government database to be sure that the |
| your company from litigation you need to | | | | name, design, or ad campaign is unique. You can |
| understand what is trademark and why do you | | | | also take help of the various free search engines. |
| need to protect it. It can be a single word, a | | | | All you need to do is type the name or phrase in |
| phrase, a symbol or a combination of these three | | | | quotation marks and it will search the Internet to |
| that helps customers to identify your particular | | | | find whether or not any other company is using |
| brand. For example, the phrase "I'm lovin' it" is the | | | | the same. However, you need to be more |
| trademark of an international chain of fast food | | | | cautious while dealing with symbols or designs. In |
| and beverages outlet. Using the same for your | | | | such cases you can take help from professional |
| business will surely call for a lawsuit. This theory | | | | trademark search service providers. |
| also applies to small organizations. You too can file | | | | Once you are sure about the proposed |
| a lawsuit against any company so as to protect | | | | trademark get it registered. Though it is not a |
| yourself from trademark infringement. | | | | requirement for small business owners, it will |
| Are patent and trademark same? | | | | surely keep the trademark infringers at bay. |
| No, they are not. Patent helps the inventor/ | | | | After receiving your trademark registration you |
| creator to safeguard their inventions or new ideas | | | | can use the "®" symbol. Those who are yet to |
| from being used commercially without their | | | | get their trademark registered can use the "tm" |
| permission. On the other hand, trademark has | | | | symbol. |
| nothing to do with such technological aspects. It is | | | | Do you need an attorney to apply for trademark |
| anything with the help of which one can identify | | | | registration? |
| and distinguish the source of a product or service | | | | Although it is not necessary, it is advisable to |
| from their competitors. However, the patent and | | | | seek help from one who is well acquainted with |
| trademark laws may overlap on rare occasions. In | | | | trademark laws. You can conveniently refer to |
| such situations one may have to invoke | | | | Yellow Pages or your local bar associations for |
| trademark laws so as to protect the product. | | | | finding such legal professionals. In case you are |
| How to get such legal protection? | | | | not seeking professional help you need to be |
| Generally speaking, it is quite simple if all your | | | | thorough with the process. Apart from the |
| papers are authentic. However, it requires certain | | | | completed trademark application form you will |
| research on your part. First and foremost, do a | | | | have to submit a drawing as well as a specimen |
| trademark search. You might have a brilliant name | | | | of the trademark that is to be registered. |
| or logo for your new company or line of | | | | |