Trademarks

On August 10, 2012, in Corporate, by John A. Weber IV, ESQ.

The Law Firm of Vaughn and Weber Can Help You Protect Your Business’ Identity

A company’s reputation may be its greatest asset.  But a business can only acquire a reputation for quality by identifying the goods it produces, distinguishing them from those of competitors.  Trademarks inform the public that a particular manufacturer is responsible for a particular product.  The trademark of a business with a good reputation creates the expectation that a product will live up to the company’s exceptional standards.

By fraudulently using another business’ trademark – or even by using a trademark that is confusingly similar to the trademark of another business – a newer business may unfairly benefit from the reputation that an established business has built up over the years.  Additionally, if the imposter product is of poor quality, it may harm the older company’s reputation.  The public may begin to associate the older company with the poor quality of the newer company’s product.  Fortunately, such use is illegal.  It violates the rights of the original trademark holder, and can be stopped.

Businesses must defend their trademarks vigilantly.  Otherwise they might lose them.  For example, the words “Aspirin” and “Escalator” once referred to the products of specific companies.  But the use of these product names became so common that they lost their distinctiveness.  They were diluted to such an extent that they became generic terms, no longer associated with any particular manufacturer.  Now, they are no longer trademarks.  The lesson to be learned from this is simple: Businesses that don’t protect their trademarks risk losing their name, and their reputation.

If you own a company and need help registering a trademark, or believe that another company has infringed on your trademark, The Law Firm of Vaughn and Weber can help.  Call our office at (516) 858-2620 today to schedule a free consultation.  We are located in the heart of Long Island, at 393 Jericho Turnpike, Suite 208, Mineola NY 11501.

*Contributions to this article have been made by Jason Mays, J.D.

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