Trademarks are one of the most valuable assets of a business. In today’s world of startups, internet advertising, and marketing, it is more important than ever to have your brand and/or logo protected with a Federal Trademark Registration. Our attorneys are well versed in U.S. and foreign trademark law. Our attorneys provide the most cutting edge legal representation possible when handling your trademark needs. Our extensive background in trademarks allows us to assist with trademark selection, registration, use and monitoring of competitors’ marks to protect your brand.
A trademark may refer to any word, name, symbol, logo, package design or a combination thereof which operates to identify and distinguish a source of the goods or services. Common law trademark rights may belong to businesses which utilize a trademark in commerce. For example, use of a trademark establishes rights in the geographic area in which the mark is used for goods or services via the common law of the state or states in which the mark is used. For reference, marks which may include a TM identifier, ™ may be considered common law trademarks.
Federal Trademark Registration may enhance those common law trademark rights by establishing evidence of ownership of the trademark and constructive notice nationwide of the trademark owner’s claim. A Federal Trademark Registration application may be filed for a mark which is in use or may be filed as an intent-to-use application. The Federal Trademark Registration application may include a description of the mark along with an identification of the class of the goods and services in which the mark is or will be used. If more than one class of goods and services is desired, the filing fee, payable to the Trademark Office, will increase. An Examining Attorney with the Trademark Office will review the registration application to determine if the mark will create a possibility of confusion and is descriptive in a way that prevents others from adequately describing their goods and services. A mark which has been federally registered may include the R in the Circle Identifier, ®.
Federal Trademark Registration may operate to protect a mark within the borders of the United States. For protection outside of the United States, foreign trademark protection may be necessary. A party may file a trademark registration application in each country in which registration may be desired; or, if a party is seeking rights in more than one country, a Madrid Protocol filing may be considered.
While it may be simple to pick a mark to associate with goods and services, it may be difficult to select a mark which is available for use and distinctly identifies the intended goods or services. With respect to availability for use, it may be valuable to conduct a search to determine whether any third parties are utilizing a similar mark in the sale of similar goods and services. Distinctly identifying the intended goods or services of a mark is also important because generic and descriptive marks may be refused registration since they may not provide a consumer with any information about the source of the goods or services.
Our attorneys provide the following trademark services:
- Federal trademark registration
- Foreign trademark registration
- Trademark validity opinions
- Trademark monitoring
- Trademark licensing and transfer
- Other trademark-related matters
If you have any trademark needs or questions please feel free to contact our office and speak with one of our attorneys.