
Kenneth C. Oh
Counsel
212-784-6911 koh@sh-law.comFirm Insights
Author: Kenneth C. Oh
Date: August 15, 2013
Counsel
212-784-6911 koh@sh-law.comDespite the importance, many start-ups are unsure about their intellectual property concerns when it is the right time to apply for registered trademarks and other IP protections. The short answer is, the sooner the better.
With regard to intellectual property concerns, you can establish rights in a trademark based on the use of the mark in commerce without seeking registration with the U.S. Patent and Trademark Office. However, the time and expense it takes to file a formal registration is well worth it in the long run.
As highlighted by the USPTO, below are several other key advantages of a federal trademark registration:
The trademark search that accompanies the trademark registration process can also save you time and money. It not only helps ensure your application will not be denied for being “confusingly similar” to an existing mark, but also prevents you from wasting money on marketing materials and office stationery that feature a company logo or name that already belongs to someone else.
For companies just starting out, the most important marks to register are your company’s name or logo. If you have not yet used your mark in commerce, you can file an “intent-to-use” trademark application to ensure that you can use the marks once you start operating.
If you have any questions about trademarks or would like to discuss your company’s intellectual property concerns, please contact me, Kenneth Oh, or the Scarinci Hollenbeck attorney with whom you work.
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