Business owners in New Jersey can use trademarks to protect aspects of their company, such as a logo or brand. However, some illustrated intellectual property can present some complications when it comes to trademarking if the illustrations are not representative of the business brand or do not have sufficient uniqueness.
Trademarks are symbols or phrases that are used to indicate a particular brand. Trademarks serve as legal enforcement of the digital assets and physical products of a business. There is essentially no limit as to what can be a trademark. Associated with a trademark is a certain strength, or the degree of defensibility it has as opposed to how widely other entities can use it. The most powerful trademarks are those that are completely made up. For example, a brand name under which no other company operates or uses in its branding can be very strong.
It is generally advisable to register a trademark. While it is not required, registering a trademark gives it a degree of publicity and gives the owner precedence against the future registration of similar marks. The registration of a trademark places it in the public record, which can be disastrous if sufficient research was not done. It may also be necessary to protect a trademark, as allowing other businesses to use brands that are too similar can weaken the defensibility of a trademark.
An attorney who practices trademark law may assist clients with protecting the intellectual property of their business, including trademarks. The attorney may file the necessary legal paperwork to prevent to other entities from infringing on the intellectual property rights of a client. Lawsuits may be filed to prevent the dilution of a trademark and to prevent other entities from using trademarks that are too similar.