Legal Question in Intellectual Property in California

Question about trademark

Hello. I am starting an internet company and I was wondering whether a trademark is necessary to protect just the company name. For example, if the company name was ''Woods and Marlin Marketing'', would this need to be trademarked to protect it or would registering the company with the state be enough?

If the answer is no, could you please let me know under what circumstances it would be necessary to trademark.


Asked on 5/23/09, 2:54 pm

1 Answer from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

Re: Question about trademark

Trademark doesn't protect descriptive terms, so for the name you suggested, it wouldn't be a viable trademark.

Registration isn't necessary at all.

Trademark registration protects DISTINCTIVE marks, symbols, phrases, etc., when attached to particular goods or services, so competitors can't use confusingly similar (or identical) marks to compete unfairly.

Another term that's similar in meaning to trademark is "Brand". "Nabisco" for example is a trademark of the National Biscuit Company. (as is the distinctive red corner with symbol inside).

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Answered on 6/08/09, 8:26 pm


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