What Trademarks Protect
Trademarks protects the public’s interest in being able to accurately ascertain the source of goods
or services in the marketplace and protects a business’ good will in their reputation, image and expectation of repeat customers.
Trademark law ensures that a trademark accurately identifies the source of a product or service
so that consumers can make meaningful choices, without confusion, among competing products and services.
Business benefits because trademark law allows the creation and protection of business good will in their image, reputation and expectation of repeat customers. Although intangible, business goodwill can be an extremely valuable asset.
Federal trademark registration provides nationwide legal protection for your business or product
name, logo, slogan, band’s name, or domain name.
Once registered, the trademark owner has the exclusive legal rights to use of the trademark nationwide in connection with the goods or services indicated.
Consumers often make their purchasing choices on the basis of recognizable trademarks. For this reason, trademark law ensures that trademarks don’t overlap in any way that causes customers to become confused about the source or sponsorship of a product or service.
Where two similar trademarks are being used by companies that provide different or unrelated products or services, there may not be a trademark conflict. These marks can generally co-exist
because there is no likelihood of consumer confusion. This is especially true if the two businesses
serve only local markets and are hundreds of miles apart.
For famous trademarks, for example, “McDonald’s” – the courts are willing to grant even broader protection and prohibit almost all use of the trademark or anything confusingly similar to it, to
anyone other than the famous trademark’s owner.
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