Don't vary the size, style, color or color combinations, and graphic elements significantly. If any changes need to be made in a series' overall look, introduce them gradually. Use terms consistently. Like good advertising, a protectable trademark triggers an immediate psychological association with a particular source in the purchaser's mind. A federal trademark registration offers prima facie evidence of a registrant's exclusive right to use the mark or trade dress.
Registration also shifts the burden to the second comer to challenge the registration's validity.
After five years, provided certain formalities are followed, a registrant's rights in the mark becomes incontestable. Most important, a federal registration is constructive notice of your ownership claim and provides nationwide priority over subsequent users. All Rights Reserved. This article discusses general legal issues of interest and is not designed to give any specific legal advice pertaining to any specific circumstances. It is important that professional legal advice be obtained before acting upon any of the information contained in this article.