Understanding Trademarks

A trademark is any name, design, logo, or symbol that identifies the source of goods or services. Trademarks help Kansas City consumers distinguish where products come from and what quality they can expect. Although trademark laws help protect the public, the trademark owner is responsible for enforcing the mark against infringers. Over time, your trademark becomes associated with your reputation, goodwill, and the trust customers place in your brand.

As a leading Kansas City intellectual property law firm, Bateman IP helps businesses protect, enforce, and strengthen their trademarks locally, nationally, and globally.

Trademark Rights in the United States Rights Based on Use

Unlike other areas of intellectual property, trademark rights arise from actual use of the mark in commerce. A business creates rights simply by using its mark on goods or services. These common-law rights extend throughout the geographic area where the mark is used, including the natural zone of expansion.

Benefits of Federal Registration

Filing a federal trademark application provides constructive nationwide use, which prevents others from gaining superior rights in regions you have not yet expanded into. If you delay filing, another business could develop its own rights in a different region—blocking your ability to grow into that market later.

Protecting your mark early is essential, especially for Kansas City businesses expanding into regional or national markets.

TM vs. SM vs. ® — What’s the Difference? Trademarks (TM) vs. Service Marks (SM)

Although all are commonly referred to as “trademarks,” the legal distinction is:

• Trademarks (TM) identify goods, such as apparel, electronics, or packaged products.

• Service Marks (SM) identify services, such as restaurants, marketing firms, or dry cleaners.

The major difference lies in proving use:

• Trademarks are shown by using the mark on the product or packaging (e.g., the Nike® swoosh on shoes).

• Service marks are shown in advertising (e.g., KFC® advertising restaurant services).

Registered Trademarks (®)

A business may use TM or SM without filing an application. However, only a federally registered trademark may use the ® symbol.

A registered mark provides:

• Stronger nationwide protection

• Enhanced legal remedies

• Priority for international filings

• Clear public notice of your rights

Why Trademark Registration Matters

Your brand may be one of your business’s most valuable assets. Registration helps prevent competitors from using confusingly similar marks and protects your company’s goodwill.

When you register your trademark, you:

• Deter others from using similar marks because your registration appears in federal searches

• Prevent others from successfully registering the same or similar mark

• Gain nationwide notice of ownership

• Establish legal presumptions of ownership and exclusive rights

• Strengthen your position in litigation

• Receive priority for international trademark filings using your U.S. application date

For Kansas City companies looking to grow beyond Missouri and Kansas, early trademark registration is a critical strategic step.

Trademark Counsel at Bateman IP — Kansas City’s Trusted IP Law Firm

Bateman IP has filed more than 1,000 trademark applications across the United States and throughout Europe, Asia, and South America. Our attorneys have deep experience in trademark prosecution, enforcement, and defense, including proceedings before the Trademark Trial and Appeal Board (TTAB) and federal courts.

Representative Trademark Matters Handled by Bateman IP

• A former employee was wrongly accused of trademark misuse. Bateman IP proved the individual’s innocence and secured an award of attorney’s fees.

• A departing business partner registered the company’s trademark under his own name. We successfully canceled the improper registration before the TTAB.

• A small online retailer faced threats from a competitor claiming exclusive rights to a common descriptive phrase. Bateman IP obtained summary judgment canceling the registration.

• A client struggled with competitors using its trademarks in online advertising keywords. By pursuing strategic enforcement, such misuse is now rare in the marketplace.

• In the MLM industry, a company improperly claimed exclusive rights to an industry-wide descriptive term. Bateman IP obtained a dismissal of the lawsuit.

• Represented former restaurant chain owners in a dispute regarding trademark use, ultimately negotiating a successful dismissal.

Protect Your Brand With Bateman IP

Bateman IP treats every trademark dispute or filing with the seriousness it deserves. Whether you are a growing Kansas City startup or an established international brand, we help safeguard the intellectual property that drives your business success.

Don’t let others misuse or dilute your trademark.
Contact Bateman IP to protect your brand and your revenue.