A recent blog post discussed the ways in which Las Vegas companies may protect their intellectual property. As an image, slogan or logo, company trademarks are one intellectual property aspect that is important to protect and to prevent other businesses from infringing upon. Therefore, creating a strong trademark that is recognizable is a wise move.

What exactly is a trademark? Consumers who immediately recognize their favorite soft drink’s logo or know which company’s commercial is on television because of its catchy jingle are recognizing a trademark. A good trademark should distinguishable from others and can be legally defended in court if another trademark is too similar, according to the International Trademark Association. Some of the elements that make up a unique trademark may include the following:

  • A logo or pattern that is eye-catching, attracts consumer interest and may become iconic
  • A catchphrase or jingle that bears no resemblance to those of other businesses
  • A logo that is not too similar to other regional or nationally recognizable trademarks

It is also important to be sure that a phrase, symbol or slogan used in a trademark does not unintentionally offend or confuse those from other countries or cultures, especially if the product or service will be marketed internationally.

The Cornell University Law School’s Legal Information Institute points out that trademarks which are unique and valid may be protected against infringement. In a trademark infringement case, business owners will need to be able to prove they are the legal owners of the trademark and that infringement may mislead or confuse consumers or negatively impact the trademark owner’s business.