We have compiled some of the basic questions which are commonly asked by someone who is not familiar with what a trademark registration is or entails. We realize that you may have specific questions so please feel free to contact us at any time an we'll make sure we clear any and all doubts.

What is a trademark?

A trademark can be a word, name, symbol, device or any combination of these, which is used to identify a certain good and also to distinguish it from others.

Do I have to register my mark?

The owner of a mark is not required to register its mark in order to use it. However, failure to register the mark at a State or Federal Level will only have common law protection; therefore, highly limiting the extent of registration to only the specific area in which it is used. Thus, it is highly recommended that trademark owners register their trademark at least at a state level.

What is a strong mark?

A strong mark usually has the characteristics of being short, distinctive, easy to pronounce and will be easy to remember. Strong marks are usually not suggestive and have no meaning. Take for instance Nike, Coca-Cola and Mac.

What is a weak mark?

A weak mark is usually very descriptive of the product its representing and in some case have a bad connotation.

How do I know if I should register my mark at a State or Federal level?

If the mark is only being used locally within your state, then a State registration should be considered. If you are using the mark outside of the state, then a Federal registration is considered. Selling over the internet to people in other states will be considered as use in commerce outside of the state, and a Federal application is suggested.

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