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Do I need a Trademark?

Provided by:  Jennifer Kirschenbaum, Esq.

              August 17, 2017

 

Question:

Hi Jennifer,

Thanks for Tuesday's email on name change/trademark advice.  I never proceeded with a trademark for my practice's logo/name - should I?  What's the expense involved and process? 

Thanks, L

Answer: 

Trademark is a Federal registry that provides notice to the world you are using and have exclusive right to use a pattern or name.  The process is pretty straightforward - you tell the Government what you are trademarking through the application and in what area - capacity - i.e., medical practice, management company, etc., and then the government checks to see if you are filing something or taking claim to something previously registered.  If so, or similar to something else, we get a chance to differentiate your logo or name before it is rejected.  

Depending on the flags raised by the government, the attorney time will vary.  I recommend Trademarking for any business owner looking to invest in concept development and marketing materials.  without the protection, someone could come in and take your design and concept, and file first - which would afford them the right under law to force you to stop using your concept.  Pretty crazy, but that's what happens - usually as a first step, through a cease and desist letter.  

Happy to process the filing if you are looking for concept protection.  Email medirectly or Taryn
 
 


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