TRADEMARK LAWYERS WHO ARE SERIOUS ABOUT TRADEMARKS
Don't be fooled by others' gimmicks. When you have a trademark issue, you need real legal advice from real trademark attorneys.
IT'S NOT JUST A REGISTRATION YOU NEED.
A trademark can consist of any word, name, symbol or device used to indicate the source of goods or services. The advantages of trademarks are several: they attract attention to your business; they act as a repository for all consumer impressions about your business and your reputation; and they evoke certain feelings in the beholder based on that person's past experiences with your company.
The first thing you should know about trademarks is how to select one that will: (a) serve your unique marketing needs; and (b) be legallly protectable and not elicit a claim of trademark infringement from a third party. Moreover, you will want to avoid confusion in the marketplace so that your distinct reputation can grow and be protected.
Our firm has a combination of unique experience in both the real world marketing environment as well as renowned expertise in trademark law. Our law firm has been ranked nationally. Most other law firms simply don't have these credentials.
When selecting a mark, choose a term that is distinctive in the marketplace. Certain terms are so overused that they will provide little value to your business in terms of creating a strong identity. In addition, terms like this are usually already taken by at least one third party and may get you sued for infringement. Terms that merely describe your goods or services are likewise not a good idea; they can only be legally protected with a special showing, which costs you more money and may take some time. Consult a professional who can help with your marketing and legal needs.
After you have selected a mark, you need to work with a professional to determine if the mark is available for use and/or registration. Only a trained trademark attorney can tell you whether a mark is available for use and registration in the U.S. Once you have obtained clearance from your trademark attorney, you can proceed to use the mark and register it. Your mark should be registered in each country in which you do business.
We have helped clients protect their marks in roughly 130 countries. We can also help you work through the maize of international treaties to determine if some combination filing is right for you. Many U.S. based businesses who trade over the Internet may reach customers globally and need to consider protecting their interests internationally. We have helped a number of global trademark owners develop and implement a trademark protection strategy.
Once you "have rights" in a mark, you have a duty to affirmatively police the marketplace and protect your asset. We can recommend watching service packages and help you monitor potentially infringing activity. Don't be fooled into thinking that only a trademark registration confers rights on your or on any third party.
Once a mark is registered, each country has unique ongoing filing requirements to avoid cancellation of the registration. We can docket your marks and remind you of any such deadlines.
If you have been sued or received a demand letter from a trademark owner relating to trademark infringement or domain name issues, we can help.
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