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Trademark Law

TRADEMARK LAW

Inventions have their patents. Ideas are protected with copyright. What about trademarks? No matter your line of work, you can look to us to handle your most complex Utah trademark law matters. We handle many different types of Trademark cases. For instance, some include clearance, enforcement, licensing, litigation, portfolio management, and anti-counterfeiting protection.

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Information On trademark law

Have you ever had a great idea?  Do you know someone who took their idea, created a product/service, and then their business name/logo was taken? If this is the case you may be able to protect those ideas, designs, and logos through registering a trademark. You can do so either in the state or nationally.

We recently helped a salon owner protect her business name. Someone else in town started using that name after she had it for about 10 years.  It took a bit longer than we would have liked. However, the new salon had to change their signs, social media, and other marketing.

There are two types of trademarks that you can register with the US Patent and Trademark Office: design marks and wordmarks.

It is important to remember that a domain name registration does not protect the name the same as a trademark.

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If you’re going to spend a lot of money on a logo, you really should do a clearance search. This will make sure no one else is using it.  You can register a trademark that is in use or one that you intend to use.   The thing to remember is that you will not get your trademark actually issued until you show use.

Who owns your trademark is vitally important.  If you hire a designer, make sure that they waive claim to the mark.  You may want to have a different entity own the trademark instead of your primary operating business and license the trademark to the operating business to prevent losing the trademark if an issue of liability comes up.

We focus on the long term view and take an asset protection view of this area of the law.  We also understand that at times we need to bring in experts in design and other things to help us get it right.

Contact us if you have any more questions.

 

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