TRADEMARKS

Registering your trademark shows investors that you mean business. It also protects your brand when competitors try to emulate rather than innovate.

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Trademark Attorneys

Trademarks – The Benefits of Registering a Trademark

When you hire a trademark attorney to protect your brand, others cannot legally use anything confusingly similar to refer to their own brand without permission. By registering your trademark, you can help protect your brand’s reputation. A trademark can ensure that your company name and logo are used only in ways you approve. At Rosenthal IP Law, your trademark attorney and expert in intellectual property law, we will walk you through the process to protect your brand with a federal trademark.

What Is a Trademark Name?

A trademark name is a brand name that meets several criteria.

It must be:

  • Not confusingly similar to competing brands.
  • An adjective, rather than a noun or verb

This final distinction can help keep your brand from being misused or genericized, so that it may not be referred to any other similar product.

A great example of this is . . .

“Do you have a Q-Tip?” Instead, you’d say: 

“Do you have a cotton swab?” 

Similarly, you shouldn’t ask someone for a "Kleenex” but instead, for a tissue. 

Ideally, a trademark should also be:

  • Easy for people to pronounce
  • Not too long
  • Recognizable or not too complicated
  • Simple by design
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Trademark Law

> Trademark Application

> Trademark Renewal

> Trademark Search

> Trademark Clearance


Do you need help regarding Trademarks? Get in touch with a Trademark attorney at Rosenthal IP Law to learn more about your rights and legal options.


What Is an Example of a Trademark?

You may be surprised to learn that company and product names aren't the only things you can trademark.

You can also trademark a:

  • Symbol (example: McDonalds "M" or Golden Arches symbol)
  • Slogan (example: Burger Kings "Have It Your Way" line)
  • Colors (example: Target's Red Bullseye)
  • Sound (example: NBC three-note chime)

What Are the Benefits of Trademark Registration?

Registering a trademark can help prevent confusion in the marketplace. If another company tries to sell products or services similar to yours, you could lose sales. Customers may think they are buying your brand, but they aren't. Trademarks can also help keep your brand from becoming genericized, which happens when consumers treat all products in your category as if they are precisely the same as yours.

Once you establish your brand as the tops in your field, you want your customers to know they are getting the best quality when they do business with you. A trademark prevents other people from coming in and selling merchandise or services under your name. Other items may not meet your quality standards and could tarnish your brand's reputation and lead to lost sales if consumers get confused.

Trademarks also help people recognize your brand easily.


Having the official ® (registered trademark) service mark next to your name adds credibility and validity to your brand.

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What types of Intellectual Property can not be Trademarked?


You can't trademark creative works. You can protect the following types of art by copyright instead of a trademark:

  • Written works, including novels or non-fiction books
  • Plays / movie scripts
  • Poetry
  • Art
  • Songs
  • Films
  • Theatrical performances


You also can’t trademark inventions, machines, business processes, or pharmaceuticals. These are protected by utility patents. You can, however, protect the brand names of these inventions with a registered trademark.


Finally, you can’t protect designs or plans with a trademark. You can protect these with design or plant patents, respectively. The intellectual property attorneys at Rosenthal IP Law can also help you with the patent application process.


Trademark Services We Offer

Choosing and Registering Your Trademark:

  • “Clearance” Search and Report
  • Analyzing what’s out there to assess any problems you may face by using your mark and your ability to obtain a Federal registration for your mark.
  • Obtain a Registration
  • Preparing, filing, and prosecuting trademark applications before the USPTO (or states, if necessary).
  • Obtain International Registrations
  • Securing international protection for your marks.


Protecting Your Trademark

  • Watch Service
  • Monitoring the market and the USPTO trademark database to make sure no competitor starts using a mark confusingly similar to yours or files to register one.
  • Analysis of Proper Use
  • Making sure you are properly using your trademark everywhere, including in your marketing material, on your website, and on your social media sites.
  • Preventing Competitors from Using Your Mark:
  • Analyzing competitors’ uses and rights respecting their trademarks and affecting yours.
  • Sending cease and desist letters to competitors not respecting your right.
  • Filing takedowns from webstores (Amazon, for example) to prevent your competitors from selling on those sites in disregard for your mark.
  • Filing oppositions and cancellations.
  • Filing an infringement lawsuit.


Rosenthal IP Law

Contact an IP Lawyer Today!

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If you need help understanding the best course of action regarding trademarks in your situation, we encourage you to speak with a IP Lawyer who specializes in trademarks at Rosenthal IP Law as soon as possible. Call 908.666.4663


Do I Need to Register My Trademark to Protect My Intellectual Property?


In short, you don't have to register your trademark in the United States to gain protection. A federal trademark filed through the U.S. Patent and Trademark Office offers trademark registration rights across the U.S. However, there are numerous advantages to obtaining a federal registration.


Do I Need a Trademark Attorney to File My Trademark Application?

A trademark attorney can save you time and money through the trademark filing application process. Too many times a business will try to apply on its own, causing problems down the road, including a rejected application or the registration not fully protecting the business. This ends up costing the business more in the long run.

Rosenthal IP Law can help save time and money through the trademark application process.

Call us today at (908) 666.4663 for help getting your trademark application filed.

See What Our Clients Are Saying...

"We could not hold Larry in higher regard. To have found an attorney that was not only a top-shelf legal practitioner, but also capable of providing legal services in the context of sound business practice was a tall ask. Larry consistently delivered clear, concise legal advice and performance that always exceeded expectations. We have used Larry exclusively and have recommended him without hesitation to our closest business partners."​​​


Brian Giuffrida

Executive Manager, VAPRO Supply

Very pleased! Mr. Rosenthal was professional, diligent, and kept us informed during the entire process of getting our trademark submitted and approved. It is nice using a company that has experience and knows their way around the process. The timeframe was completely inline with what we had been told to expect. We received a true value for our money as the ease and professionalism with which this was handled was well worth it. We are very happy that we used Rosenthal IP Law!


Mark Carty

Learn More About IP Law, Intellectual Property and Trademark Law in Our Library

This is a resource of information regarding IP Law for lawyers, entrepreneurs, business owners, and visionaries as well as anyone looking to learn about Intellectual Property IP Law, Trademarks, Patents, Copyrights and so much more.

Larry Rosenthal is a sought after IP Law and Trademark attorney with years of extensive experience helping businesses, entrepreneurs, startups and so many more protect their ideas, products, brands, and designs.


For the best option of protection, Call Us Today!   

908-666-4663

  • What is Intellectual Property?

    Intellectual property is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets.

  • Why intellectual property law?

    The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time.

  • How intellectual property is protected?


  • Trademark, copyright, and patent: what's the difference?


  • When to protect intellectual property?


We Can Help You Protect Your Property, Contact Us Today!


The Best Way to Protect Your Future Is to Take Action Now

Call our office at (908) 666-4663 or fill out the form for a call back. Our lawyers are ready to discuss your case in full detail and confidence

IP Law News

By Larry Rosenthal August 10, 2026
Thinking about selling your business in the future? Whether that’s years down the line or just around the corner, it’s important to recognize that your intellectual property (IP) might be worth a lot more than you think. In fact, it’s one of the easiest things for business owners to undervalue. During the buyer’s due diligence process, IP often emerges as a key asset. What they find (or don’t find) can significantly influence the sale price. Understanding the Value of IP When people assess a business's worth, they often focus on revenue, customer lists, and physical assets. However, intellectual property should definitely be on that list, too. Think about it: a strong trademark, a solid copyright portfolio, a reliable patent, or a protected trade secret are all unique assets that a buyer can’t easily replicate. This uniqueness is what drives up the value of your business. A well-maintained IP portfolio not only demonstrates your business’s long-term potential but can also directly impact how much a buyer is willing to pay. On the flip side, if your IP is undocumented, unregistered, or unclear, it can seriously harm your business’s value . If buyers can’t verify your IP, they’re unlikely to pay for it, and in some cases, it could even derail the sale entirely. Navigating Ownership Complications One of the most common pitfalls for business owners comes right before a sale. Many assume that their business automatically owns everything it creates, like its website, branding, and technology, simply because it paid for it. However, IP created by contractors, freelance developers, or even some employees is not guaranteed to be owned by the business unless it's clearly outlined in contracts. A real-world example of this can be seen in the case of Whitewater West Industries, Ltd. v. Alleshouse . After acquiring a business, the new owner had to defend patent rights involving inventions created by a former employee. The court battle highlighted a significant risk for buyers: if the assignment paperwork from the past isn’t clear or ownership isn’t well-documented, they could find themselves in a dispute over rights to the very technology they thought they had purchased. What Buyers Really Want During due diligence, buyers and their legal teams typically look for: Registered trademarks, patents, and copyrights that are current and properly filed. Written agreements that clearly assign IP created by contractors and employees to the business. A clear history of ownership without any hidden disputes or litigation related to the IP. Experts recommend that business owners start tightening up their IP documentation six to twelve months before putting their business on the market, rather than waiting until the last minute. The businesses that fare best during a sale are those that have treated their IP as a valuable asset, documented ownership clearly, and kept everything organized well in advance. A Little Preparation Goes a Long Way If you’re even slightly considering selling your IP in the coming years, now is a great time to review your IP portfolio. If patents are likely to be part of the sale down the road, it would be wise to consult a patent attorney to examine your assignment records and ownership chains before buyers start asking questions. Similarly, you should be using and protecting your trademarks properly, with clear ownership of the trademarks and their goodwill. Additionally, since copyrighted content, software, and creative assets are crucial for valuation, working with copyright law firms that understand how these assets are valued can make a big difference. Rosenthal IP LAW is here to help you set up a consultative service to protect and document your IP, ensuring it adds value to your business rather than becoming a question mark during a sale.
By Larry Rosenthal April 23, 2026
Trademarks and Patents - What Are They and Some Important Facts
By Larry Rosenthal March 24, 2024
Although the right for women to vote in the US didn’t arrive until 1920, women were given the right to apply for a patent at the same time as men in 1790, when the Patent Act passed, allowing anyone to petition for protection of their original inventions and designs. This paved the way for Mary Dixon Kies to become the first woman, in 1809, to successfully file a patent that belonged to her. It was for a process of interweaving silk or thread into straw to make fashion-forward straw bonnets. Today we’re giving a very grateful shout out to the following 7 women whose ingenuity gave us everyday items of convenience we can’t live without. The Call Button. Miriam Benjamin , a schoolteacher, invented the “gong-and-signal chair” in 1888, which made it possible to call for assistance while seated, anywhere attendants were needed. From noisy train stations and hospitals to hotels, theaters, and offices, this handy tool allowed users to receive services wherever desired. The next time you’re on a flight and want to hail the flight attendant, thank Miriam as you press that call button above your head . Central Heating. Alice H. Parker filed a patent for her heating system in 1919, which involved drawing cool air into a gas furnace, then passing it through a heat exchanger, which then transported the heated air throughout the house via ducts. Now using natural gas instead of wood, her invention changed the game for domestic heating. Wi-Fi, Bluetooth, GPS. Hedy Lamarr , the actress who starred in Samson and Delilah, Ecstasy, and Ziegfeld Girl in the 1930s and 40s, was involved in developing a device that would prevent enemy ships from blocking torpedo signals during the Second World War. The invention allowed radio guidance transmitters and the torpedo's receiver to jump between frequencies simultaneously, which became known as "frequency hopping." Today, this is known as spread spectrum technology, and it gave way to the development of Wi-Fi, Bluetooth, and GPS. Windshield Wipers. Mary E. Anderson made her living being a rancher and real estate developer. However, in 1903, Anderson came up with a system that could automatically wash cars, which then gave way to the windshield wiper. Car Heater. Margaret A. Wilcox made traveling far more comfortable when, in 1893, she filed a patent for a car heating system. Originally designed for public railway cars, this technology has been consistently updated over the years and led to the car heaters we appreciate today. This heating system involved running a channel of air through the engine, where it was heated, and then sending it back into the rail cars. Ice Cream Maker. Nancy Johnson invented a device in 1843, the Artificial Freezer, which was the first hand-cranked ice cream churn. It sped up the amount of time it took to make ice cream or sorbet. Prior to her ingenuity, ice cream was made using very intensive labor and it often took a person hours to make. Funny enough, at that time, one could make the frozen treat but we’d have to wait a few years to find a way to store it so that it remained frozen since refrigerators hadn’t been invented yet. Caller ID. Shirley Ann Jackson , a physicist, is responsible for making caller ID accessible to all of us. In 1976, Jackson was hired by AT&T, where she researched in a number of fields. From this research, Jackson developed caller ID technology, something we wouldn't want to live without today. Not all patent filers started out as engineers or scientists – as you can see, they came from all walks of life and had one thing in common – the strong desire to pursue their creative idea to fruition. Registering a trademark or applying for a patent is an endeavor that has become more detailed and intricate over the years. There are enough possible twists and turns in the life of your application to deserve guidance from a professional. I work with my clients from initial consultation, to understand their product and intention, and through every single step, roadblock, and detour. If the thought of registering a trademark or applying for a patent has been your dream and passion, let’s discuss how to make it happen.
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