While a trademark isn't necessary, it is a nice-to-have in order to enforce your legal rights to the name that you own. The Talents Law motto is that "If it's worth building, it's worth protecting." In Nehemiah 6, when the wall in Jerusalem was being re-built, the workers built with one hand, and they held their sword in the other. Talents Law takes the same approach, as it is essential to not only protect what you build, but also to protect WHILE you build. 

Unfortunately, yes. A trademark registration is not an automatic bar to copycats or trademark infringement. With AI, it has become even easier to copy and paste someone's brand name, and use it without the permission of the brand owner. If this does happen, however, a trademark registration serves as an officially documented proof of ownership in court, whereby you would not have to prove that you own your brand name - the trademark registration speaks for itself. 

Show it off. Add the registration symbol to your website, social media pages, marketing materials, etc. This helps put the public on notice that your brand name has an official trademark registration. If there are social media pages that are using your brand name without your permission, proof of trademark registration can be used to have these pages removed. After registration, you will also need to be diligent about searching for any potential misuse of your trademark by others, and staying abreast of trademark renewal fees and deadlines. 

Talents Law has an International Expansion Unit that advises U.S. brands on international business strategies. For U.S. companies with at minimum $1 million in gross annual revenue, expansion overseas may be ideal. Through international trademark registration under what is known as the Madrid Protocol, a U.S. brand can potentially receive trademark protection in up to 120 countries if it already has a trademark registered in the U.S. In addition to international trademark registration, the International Expansion Unit provides general business guidance, strategic planning, and foreign liaison services. 

Yes. Under the Madrid Protocol, non-U.S. brands can register for a trademark in the U.S. if they already have a registered trademark, and certain conditions are met. For more information on the process for non-U.S. brands, please visit the U.S. Patent & Trademark Office at this link: https://www.uspto.gov/ip-policy/international-protection/madrid-protocol

You will need to actually file and register your trademark in order to be protected. While there are no legal repercussions for adding the ™ symbol behind a term, it does not protect you. Also, it’s important to know that adding the ® without actually paying to file and trademark your term is illegal and can result in legal action being taken against you. Contact me if you need help navigating such legal action.

It’s important to register your trademark to avoid legal issues like this one. Talents Law will investigate if the offending party has properly trademarked or not, and will represent you in ensuring your term is no longer used by another company. We’ll do everything needed to protect your intellectual property.

We offer a range of trademark registration and brand protection solutions designed to meet your intellectual property legal needs—whether you're just getting started or scaling something bigger. Example services provided are Trademark Registration, Brand Protection & Enforcement, Trademark Portfolio Strategy, and Office Action Response. Everything we do is tailored to help you move forward with clarity and confidence that your intellectual property is protected and nobody uses your brand inappropriately.

Getting started is simple. Apply for representation, and if you are a fit for Talents Law firm, Donna will reach out to initiate the process. Note: Advance payment is required to begin work with Talents Law.

Talents Law specializes in legal services for Christian influencers, entertainers, content creators, UGC creators, podcasters, vloggers, bloggers, clothing lines and and performers. As a black female Christian trademark attorney, Donna Robinson Esq., LL.M. is especially attuned to what this audience needs.

Once we have received everything we need from the client to file for trademark registration, it usually takes two weeks to prepare the application and eight months for USPTO to process and respond.

It varies but on average the cost to trademark a term starts around $3,000.

The main difference is that the ™ symbol shows you claim ownership of an unregistered brand name or logo, while the ® symbol shows your mark is officially registered with a government office like the United States Patent and Trademark Office (USPTO).

The ™ Symbol (Unregistered Trademark)

• Definition: Stands for "trademark." You use it for goods or products. (The symbol ℠ is used for services instead of goods).

• Legal Status: Unregistered. You do not need government permission to use it.

• How to Get It: You just start using it. It means you claim common-law rights to a brand name, logo, or slogan in your local geographic area.

• Protection Level: Low. It is harder to sue someone in another state or country if they copy your brand. It only might prove you used it first in your specific market.

The ® Symbol (Registered Trademark)

• Definition: Stands for "registered trademark." It means the government officially approved your trademark.

• Legal Status: Registered. You must finish a legal application process with a national trademark office.

• How to Get It: You file an application, pass a government review, and wait for approval. This can take many months and is best done by a trademark lawyer who knows the system.

• Protection Level: High. You get national or regional ownership rights. You can sue copycats for money damages in federal court much more easily.

• Rule: You can only use ® after the government actually approves your trademark. Using it early is illegal.

Key Comparisons

• Proof of Ownership: ™ requires you to prove in court that you used the brand first. ® acts as official public notice that you own the brand.

• Scope: ™ has local reach. ® has nationwide reach.

Yes, you can trademark your social media handle, and you should trademark it if certain conditions are met.

You should get a lawyer, preferably me. <smile> You need one… let’s talk about it. Fill out my application for representation.

It is highly recommended that you trademark your brand before launching any sort of branded product line.

To protect your stage name or influencer name or handle, you will need to trademark it. Apply to work with me and we can discuss how that’s done.