Texas Legal Entities
Trademarks
Businesses frequently develop something that represents their business or a product they produce. When it is something representing a product that is produced or the business itself, a business frequently chooses to trademark the symbol. A trademark is a distinctive sign or indicator used by an individual, a business, an organization, or any other legal entity to identify that the goods or services with which the trademark appears originate from a unique source of origin.
These trademarks identify a product or service to a consumer. In addition, trademarks are an excellent way of distinguishing products or services from those of other entities or competitors. A trademark is a type of intellectual property. It is usually made up of one or many of the following elements:
- A name
- A word
- A phrase
- A logo
- A symbol
- A design
- An image
There are also non-conventional trademarks which are marks that do not fall into the standard categories.
If someone uses a company’s trademark or infringes on it in some way, the owner of a registered trademark is allowed to commence legal proceedings for trademark infringement. When a company is the owner of a trademark, other companies or parties cannot use it.
Registration of a trademark is not required. The owner of a common law trademark may also file suit. An unregistered trademark is protectable within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
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