SHARON'S LEGAL BRIEFS

Q: Should I have my trademark or service mark federally registered?

There are many benefits to getting your trademark federally Registered with the United States Patent & Trademark Office (USPTO). Here are a few:

Your Registered Trademark can become the most valuable asset to your company. It enables you to monetize the good will in your brand.
Your trademark rights are protected throughout the entire U.S. instead of just in the States where you are selling your goods or services.
You have evidentiary presumptions in Court which makes it easier to win your case against an infringer.
Because it is easier to win your case, and to be awarded more damages in Federal Court, it acts as a deterrent. Others are less likely to infringe on your Mark.
A federally Registered Mark with the USPTO can be used as a basis for applying for trademark protection in other countries.
It prevents others from Registering a confusingly similar Mark with the USPTO.

Q: When can I legally use the R in a circle ® symbol with my trademark or service mark?

You can only legally use an R in a circle symbol when you have a federally Registered Trademark. That means the United States Patent & Trademark Office has issued you a Registration Certificate for the exact Mark you are using. You cannot use the R in a circle symbol while your trademark application is pending or before you file the application. However, you may use the SM (service mark) or TM (trademark) symbols at any time.

Q. I have a great title for a book, can I copyright or trademark it?

You cannot copyright a title or a short phrase. Also, you cannot register a title to a single book, tv show, movie, etc. as a trademark. However, you can federally register a title of a series of books, movies, tv shows etc. as a trademark. For example, Harry Potter is a series of books and "Harry Potter" is a federally Registered Trademark. To have a "series", you need to have more than one.