TRADEMARKS

 

A trademark, trade mark, service mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others.  The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself.


YOUR QUESTIONS…

1.    Can I trademark my logo?

2.    Do I need a trademark?

3.    Do I need an attorney to trademark my name?

4.    The Trademark Office rejected my trademark application.  What do I do now?

5.    If I have a trademark, can I stop someone from registering it as a domain name, or take an existing domain name?

6.    Someone is using a name similar to my name. Can I stop them?

7.    I want to name my product a name that is similar, but not the same as a known product’s name.  Can I do that?

8.    Can I trademark the color that I wrap my chocolates in?

9.    I’ve never used my new logo, can I still trademark it?

10.  Can I used a competitor’s name in my own advertising?  I want to compare the two products.


OUR ANSWERS…

TRADEMARK DISPUTES

We represent our clients in trademark infringement and dilution cases and unfair competition and false advertising cases in courts across the country, as well as in opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the Patent and Trademark Office. We prosecute and defend infringement and dilution claims and litigate disputes over product configuration, trade dress, fair use, nominative fair use, indications of geographic origin, initial interest confusion, linking and framing, certification and collective marks, the intersection of trademark rights and the First Amendment, and the online use of competitive trademarks.

 

DOMAIN NAME DISPUTES

We work with clients to develop cost-sensitive and effective strategies to combat online and domain name infringement in courts and international administrative tribunals, including UDRP proceedings. We work with many of the leading experts if economic analysis and consumer surveys are needed.

 

TRADEMARK REGISTRATION - FLAT FEE $400

We help our clients develop trademark protection strategies using federal trademark registration.  We offer federal trademark registration applications on a flat-fee basis, not including government filing fees.

Trademark Clearance Searches

Our trademark clearance services are focused on giving you the piece of mind that the tagline, logo, or words you are about to employ in your marketing are available.  That way, you can avoid conflict with the owner of the mark and avoid investing in an illegal branding campaign that must be shut down sooner than you'd like.  For a flat fee of $250, per mark, we will provide the following services:

  •    A comprehensive federal, state and common law trademark search to ensure no pre-existing trademark could cause the denial of your application.  To conduct your trademark search, we use industry leading trademark search software.
  •    A complimentary second comprehensive trademark search if the first search finds a potential conflict for your trademark.
  •    An opinion letter, drafted by a trademark attorney, explaining the trademark search results.
  •    A 30-minute telephone consultation with a trademark attorney regarding the search results and trademark application.
  •    Drafting and filing of your federal trademark application in a single class
  •    Tracking of your trademark application once filed with the US Government
  •    Responding to any non-substantive Office Actions on your behalf
  •    Mailing your trademark registration certificate upon receipt from the US Government