Q: What Rights can I exclude over trademark name WeatherShield Inc?
My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too protect this almost 50 year old brand on a regional/national scale?
A:
To protect the "WeatherShield, Inc." brand, you should first confirm that the trademark is registered with the United States Patent and Trademark Office (USPTO). If it is not already registered, you should file an application to secure federal trademark rights, which will give you broader protection beyond Pennsylvania. This registration will help prevent others from using a confusingly similar name in the same or related industries.
Additionally, ensure you maintain the trademark by actively using it in commerce and by enforcing your rights against potential infringers. You might also consider expanding the brand's protection by registering variations of the name, like "AllWeatherShield," and related logos or slogans.
Finally, to capture and protect the brand on a national scale, consider broadening your business operations beyond the current region, if feasible. This expansion, combined with a registered trademark, will strengthen your claim to the name across the United States.
A: Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have been using the mark, and similar goods and services.
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