Keep Your Business Safe From Copycats and Competitors Follow These Guidelines to Pursue Trademark Protection
Trademarking your business name, products, and designs will protect them from copycats and competitors. However, trademark protection takes time, effort, and money, so you shouldn’t do it prematurely! Before filing a trademark application or paying any fees, you should always conduct a thorough trademark search to verify you actually have something unique that hasn’t already been registered. The U.S. Patent and Trademark Office (USPTO) has an online trademark database anyone can use to search for previous marks. However, there are millions of marks on the database, so it’s best to rely on an experienced attorney to assist with the search.
a trademark. The best time to do this depends on what you’re trademarking.
Generic marks are considered common language and are rarely granted trademark protection. Descriptive marks literally describe the product or company they represent. They can sometimes be granted protection as long as there is an additional meaning derived from the name (e.g., Southwest Airlines). Suggestive marks are suggestive about the contents of the product but rise above just describing the mark (e.g., Netflix). Arbitrary or fanciful marks are the strongest as they have nothing to do with the product or service itself (e.g., Apple). The farther down this list your mark is, the more likely you are to secure protection. At the Law Offices of Tyler Q. Dahl, we can help you determine when to pursue and maintain trademark protection. Feel free to call us with any questions you might have.
WHEN TO TRADEMARK YOUR BUSINESS/BRAND NAME
The best time to do this is very early in the business formation process. Once you are committed to the business, you should move to trademark your business name. This prevents others from swooping in and stealing your name or using similar names indiscernible from yours. Before considering trademark protection for the product and design output of your business, make sure those things can be trademarked. There are four types of trademarks, each with varying degrees of strength: generic, descriptive, suggestive, and arbitrary or fanciful. WHEN TO TRADEMARK LOGOS, PRODUCTS, AND DESIGNS
Once you’ve conducted your trademark search, you can consider applying for
Grilled Halibut With Roasted Red Pepper Sauce
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Celebrate the last month of summer with this light and fresh recipe!
Inspired by FoodAndWine.com
Ingredients • 1 16-oz jar roasted red bell peppers, drained • 5 garlic cloves • 1 tbsp sherry vinegar • 2 tsp honey
can create a precious gift for your children, grandchildren, and other loved ones that will preserve your memory for decades to come.
• 1 tsp kosher salt • 1/4 tsp black pepper • 1/2 cup olive oil • 4 6-oz skin-on halibut fillets
“A dream doesn’t become reality
Directions 1. In a food processor or blender, mix bell peppers, garlic, vinegar, honey, salt, and black pepper until smooth. Transfer sauce to a bowl; whisk in oil. 2. Into a large plastic zipper bag, pour 1 cup of sauce; add halibut fillets and seal bag; turn to coat fillets. Let marinate in refrigerator for 20 minutes. Reserve remaining sauce for serving. 3. Preheat a grill to medium-high (400–450 F). Remove halibut from marinade; scrape off excess. 4. On oiled grill grates, arrange fillets and grill, covered, until fish flakes easily, 4–5 minutes per side. 5. Transfer fillets to serving plates or a large platter. Drizzle with reserved sauce. Serve alongside preferred veggies and crusty bread.
through magic; it takes sweat, determination, and hard work.” –Colin Powell
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