by Traverse Legal, reviewed by Enrico Schaefer - July 18, 2008 - c. Why Should I Register a Trademark?
The Chicago Tribune has posted a great introductory article on the benefits of trademark registration. The article describes the availability search, the registration process, and even the geographic limitation of common law rights. Most importantly, it recognizes that trademark registration isn’t an easy or risk free process:
The process can get complicated, so you might want to
enlist the help of a trademark attorney. Attorneys generally charge
from $500 to file an application and up to several thousand dollars if
your application is contested or denied and you need counsel on what to
do next.
About 25 percent of all applications submitted to the
patent office annually are denied for various reasons, including
likelihood of confusion with another mark.
A mark also may be denied if it’s too generic or if it’s
merely descriptive, meaning it’s a term that just describes a feature
of your goods, explained Cynthia Lynch, administrator for trademark
policy and procedure with the patent office.
It’s possible to have the same mark as someone else as long
as it’s for completely different goods and services, said Lynch, who
uses Delta Air Lines and Delta Faucet as an example.
The bottom line is you don’t want to confuse the public.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.