Establishing a Trademark in Missouri

by | Mar 28, 2013 | Legal Services

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When you own your own local business, there are some things that you should be aware of in order to protect yourself from others. One of the things that you should know is the basic idea of Trademark Law Missouri. The US Patent and Trademark Office is the governing body when it comes to trademarks and they state that a trademark should be used as a way to distinguish one good or service from another. In addition to that, the body states that a trademark should show the source of the good or service and finally can only contain a name, symbol, word, device or any combination of these. Sound confusing? It can be, which is why working with an expert in Trademark Law Missouri is highly recommended.

The Main Steps to Establishing a Trademark
Once you have contacted and met with a trademark attorney, the process you take will be very similar to the steps below.
The first thing that usually takes place is the clearance search. Because there are so many products and ideas out on the market, before establishing a trademark, your attorney will have to research established trademarks. Your attorney will not only see if the item you wish to trademark is already trademarked they will also see if similar trademarks may cause issues with establishing your own.

The second step that a trademark attorney will take is registering a trademark. Once it has been established that no other object or idea like your own is currently trademarked and that nothing is too similar, your attorney will be able to register that idea or object. Your attorney will contact the US Patent and Trademark Office to start the process of registration. Once the paperwork is sent, the office will either accept or deny the request. This generally isn’t a cut and dry process and could take awhile. Your odds of acceptance are increased when you work with a good attorney.

Finally, the third step of establishing a trademark takes place once your trademark has been approved. The trademark will need to be monitored in order to make sure no one violates it. This is not the responsibility of the government, nor is it the responsibility of your attorney. This is something that you will need to take care of. If you notice anything suspicious of feel like someone may be violating your trademark, it is important that you contact your trademark attorney as soon as possible.

Don’t Make the Mistake of Doing it On Your Own
Many people think that they can trademark their product on their own. Technically, you can. However, most people who try to do it on their own simply don’t have the time or knowledge that can go into a trademark and don’t fully understand the legal process of establishing a trademark. Do yourself a big favor and work with an attorney from the start.