Some basic guidelines on trademark protection

A trademark is a slogan, symbol, logo, word, design, or a combination of these elements that identifies and distinguishes a company or an organization. Trademark laws protect an element from being copied or infringed or used generically without the company’s permission. Here are some basic guidelines on trademark protection that every organization needs to know.

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Avoid commonly used symbols and trademarks. If you are on the process of distinguishing your trademark, do ample research about commonly used symbols in the industry where you belong to. You can either hire a team of creative that specializes in branding and identity.

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File a trademark application before commercial use. You can’t use your trademark until you have filed an application at the USPTO (United States Patent and Trademark Office). You can choose to file on an intent-to-use basis, as long as you use the trademark in commerce in connection with your services or goods. Once you have proven this, the USPTO will grant you your Certificate of Registration.

Seek legal advice when your trademark has been infringed. It is best to hire an intellectual property lawyer or attorney to represent your case once you see that your trademark has been used. Gather the evidence of infringement to make your case stronger, and follow necessary steps that your lawyer will tell you.


Michael E. Melton is the Founder and President of MEM Enterprises Group, which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. He began his professional career as a Patent Adviser to the U.S. Department of the Navy. Mr. Melton clerked for civil rights attorney Arthur A. Benson, II, and assisted the NAACP Legal Defense Fund on the Kansas City, Missouri school desegregation case during his years in law school. For more articles like this, visit this page.