Marks of distinction
While a polar bear may not be the most distinguishing characteristic for a company, its association with a local beverage firm means instant recognition. When Polar Beverages, Inc. performed a marketing survey, the results revealed 90 percent aided brand recognition for its products.
That drove home just how important the name Polar and its famous bear was for its customers, says Ralph Crowley, president and CEO."You can’t really trademark a polar bear," says Crowley. "But we do trademark the name Polar and the use of the bear on our label." While the polar bear itself has been tangled in disputes with the Coca-Cola Company, which occasionally uses polar bears in its advertisements, Crowley says the brand recognition for Polar is tremendous.
Crowley isn’t alone in his recognition of the value of trademarks. Last year, nearly 7,500 Massachusetts companies applied for trademarks.
Lawyers note that trademarks give companies the security they need to know that their brands will remain identifiable to customers, and registering a mark offers firms exclusive rights to a catchphrase or symbol that brings attention to the product.
"In the United States, we’re still of an understanding that the first person to use a trademark, or to file a trademark, gets to continue use of it," says Brett Dorney, a Northboro trademark attorney.
Doing the homework
Area experts recommend registering a trademark, either on the state or federal level. More than that, researching where a trademark may already be in use can help avoid costly infringement issues down the road. Dorney points out that if the intended use of the trademark is within state lines, registering with the state may be sufficient. However, a federal trademark may prove more useful in the long run, and offer greater security that the trademark will not be used for a similar product anywhere else.
The process goes like this: for federal filing, applicants search the US Patent and Trademark Office (USPTO) online database to make sure the intended mark is not already in use before filing. A standard filing fee is $375, with electronic filing rates lower. Applicants must submit a depiction of the mark and show proof of the mark in use, or if they intend to use it, a bona fide intent to use the mark. They also must describe the specific goods and services for which the trademark will be used. Finally, they need to include a specimen with the mark attached, such as a container or label showing the goods.
On average, it takes a year to register, but Sharon Marsh, a trademark administrator with the USPTO, says that the number of applicants increases every year.
Worcester-based Allegro Microsystems, Inc. has several trademarks, including its name. Richard Kneeland, assistant general counsel, says that the value of trademarks for his company is immeasurable in dollars, but represents key brand recognition among customers. Although other firms share the name, their market doesn’t infringe on Allegro’s, such as an RV company with the same title.
"We want our customers to recognize a product line as being from Allegro," says Kneeland.
Jeffrey T. Lavery can be reached at jlavery@wbjournal.com
WBJ Web Partners
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