Applying for Patents and Trademarks

You’ve been successful in business to the extent that you wish to expand your company to hundreds of units regionally or across the country. You may be the second or even the third generation to successfully run your business and iron out all the wrinkles. You now have the entire process well organized and are ready to offer your business opportunity to the public as a franchise. One of the first steps you will need to take is to design and register a trademark. A trademark is usually a logo or a cleverly designed piece of art that represents your brand to the public. Once you have decided on the brand’s trademark you will need to patent it so that no one else can copy it and benefit freely from your hard work.

Patenting a Trademark

The first place to start patenting a trademark is the United States Patent and Trademark office located at https://www.uspto.gov/trademarks-getting-started/trademark-basics. Here you will find everything you need to know about the process of registering and protecting your business mark. One of the very first things that the office tells people is that you need to consult a franchise attorney, like franchise attorney Mario L. Herman, in order to fill out the necessary paperwork, fill it out properly and act within strict deadlines. Failing to do so can cost you time, money and your legal rights. Any trademark information you submit becomes part of a permanent, searchable public record including your name, phone number, email address, and street address.

After you have reviewed the information on the home page, it is recommended that you read “Trademark Basic Facts” located at https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf.

Trademarks and Service Marks

It is important that you know the difference between a trademark and a service mark. The US Patent and Trademark office defines a trademark and a service mark as: “A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.”

Franchise attorney Mario L. Herman has counseled franchise clients and guided them through the ins and outs of applying for trade and service marks for their new franchise business. When it comes to legally branding your business and legally protecting your trade and service marks, Mario Herman can guide you every step of the way and save you time and money by doing it correctly the first time.