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W W W. M A I N E B I Z . B I Z 13 F E B R UA R Y 6 , 2 0 1 7 H OW TO M any business and service provid- ers operate for years without considering whether they should trademark elements of their business. e most common way people think of (and see) trademarks are through logos. ink: New England Patriots or Apple. However, a company can also trademark a commonly used slogan, like, McDonald's "I'm lovin' it" or Nike's "Just Do It." A trademark can be almost anything: a word, logo, sound, shape, color, scent or taste (or any combination of these) that distinguishes the goods or services of your business from another. Either way, trademarking your com- pany's name, logo, slogan or all of the above will protect it from being used by other entities. One reason why a company might want to protect its logo, for example, is that it wouldn't want con- sumers to be confused with another logo and accidentally go to another company (which may provide the same goods and services) instead of yours. You surely don't want to allow another company to benefi t from any customer goodwill you have worked hard to generate. is is true even if your name, logo or slogan has nothing to do with the industry in which you work. For example, what does an apple have to do with trendy computers? In a way, it makes even more sense to trademark your com- pany's name, logo and/or slogan if those three things are not necessarily indica- tive of the industry you're in. Here are some other benefi ts of registering: 1. Can lead to higher sales. Protecting your trademarks is not a mere cost of doing business. It is more like an investment in customer goodwill and name recognition. 2. Discourages others from using confusingly similar marks, which could harm your business. 3. Protects your business if another business tries to register a confus- ingly similar mark. If your mark is registered with the U.S. Patent and Trademark Offi ce, the offi ce will prevent others from using your mark at no additional cost to you. 4. Grants the right to use the ® symbol on the registered goods or service, putting competitors on notice that you are serious about protecting your rights. 5. Grants you legal rights if someone interferes with or tries to use your mark. If you decide to trademark, should you do it in Maine or throughout the United States? One of the benefi ts of registering just in Maine is that registration is less costly and generally takes less time. But, Mainers beware: a federal registration carries with it more protection and can trump a trademark that is only registered in one specifi c state. Here are some things to keep in mind: If you register on the state level: 1. State registration only protects your trademark in the state where you register it. 2. Registering with the state is less expensive than registering with the federal register. 3. A state registration can usually be processed and approved more quickly than a federal one 4. State trademark registration does not give you the right to use the symbol ® . You may use either TM for a trademark or SM for a service mark. If you register on the national level: 1. Your mark is "superior" to state marks. If a federally registered trademark was in use before a state registered trademark, the federal registrant can stop the state trademark owner from using the mark. If the state mark was in use fi rst, the state mark's use may still be restricted to the state where it was registered. 2. You can use the ® symbol. 3. You can register a trademark with the U.S. Customs and Border Protection Service to prevent import of infringing products. 4. Your trademark will be listed in the USPTO's database. is creates a public record of your mark and may help deter others from using it. J o r d a N PaY N E H aY i s a n attorney at Skelton, Taintor & Abbott in Auburn. She can be reached at JPhaY @ STa-LaW.com www.sbsavings.bank They wanted to partner with us when other banks looked away" " "at's My Bank!" SACO BIDDEFORD WESTBROOK SCARBOROUGH SOUTH PORTLAND OLD ORCHARD BEACH Left to Right: Jeff Applegate, Jason Cole Our team of professionals can help you with all of your business needs: • Cash Management Services • Business Debit Cards • Business Online Banking & BillPay • Business Mortgages • Business Line of Credit • Business Equipment Financing • Merchant Card Services "We own five restaurants between Maine and New Hampshire and Saco & Biddeford Savings understands the strength of our brand. We really like the fact that when we call, we can speak to someone directly without having to go through an automated system." Jeff Applegate & Jason Cole, Buffalo Wild Wings Franchisee Owners, South Portland 1-877-SACO-BID (722-6243) SBSI Business Banking Team H O L I D A Y I N N Holiday Inn By t he Bay 8 8 S P R I N G S T R E E T • P O R T L A N D , M E • 0 4 1 0 1 A Stay By the Bay is Close, Comfortable, and Convenient to Everything from the Airport to the Old Port! • Stunning panoramas of Portland harbor and skyline • Specials & packages for fun, affordable escapes • Largest meeting & convention space downtown • Full-size indoor pool and fitness center • Surrounded by cultural attractions • Walk to world-class restaurants • On-site restaurant and catering • Close to Old Port shopping • Courtesy shuttle available • 239 rooms & suites I N N B Y T H E B A Y . C O M / 207-775-2311 x 2133 CALL OUR SALES OFFICE ABOUT OUR $55.00 IDEAL MEETING BUSINESS PACKAGE OFFER TODAY! Determine what to trademark B Y J O R D A N P A Y N E H A Y

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