Client: “I’ve been in business for a couple of years now, and I want to trademark my company’s name.”
Trademark Lawyer: “What do you mean you want to ‘trademark’ it?” Client: “I want to get a trademark on it.”
Lawyer: “Do you mean you want your company’s name to be a trademark?”
Client: “Yes, how do I get that?”
Lawyer: “Congratulations. You already did.”
This kind of conversation occurs almost every time a client or prospective client calls a trademark lawyer for the first time. Most businesspeople do not know that by choosing a business or product name and using it in connection with providing goods or services to customers, they become trademark owners and acquire enforceable trademark rights. They think that they must “get” a trademark by filing an application with the U.S. Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. Read more