Must You File a Trademark to Protect Your Brand Name?

Video Script Below

I’m Steve Kramer. I’m a Florida trademark attorney and today we’re going to talk about whether you need to file a U.S. trademark in order to protect your business. Now when you’ve got a business, your name – your reputation, your goodwill – is probably one of the most valuable assets in your business. It’s what people associate with you and your brand and it’s important to protect that. And one way to protect that is to file for a U.S. trademark. And by filing for a U.S. trademark, you gain all kinds of advantages and presumptions, all kinds of legal protections. But that’s not the only way to protect yourself. You can also protect yourself by doing business. Just by using a name in commerce, you gain protection. And there’s an act called the Lanham Act and gives you some protection there. Now it’s not the same type of protection that you get if you file for U.S. trademark but you don’t have to do it. Now the differences between the Lanham Act and actually just doing business with a name and filing a U.S. trademark are dramatically different and there’s a lot of really good reasons to file a trademark. Now what you need to do if you’re in business is sit down with an attorney and really evaluate the differences. Because it’s really, it’s a valuable part of your business and you need to protect it. I’m telling you this because this is a question that comes up all the time. Call me, I’ll be glad to talk with you about this or any other legal issue you’ve got. Thanks for watching, I’m Steve Kramer.

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