Trademarks
Words, phrases, designs, logos and other commercial symbols used to identify products and services may be protected as trademarks, service marks, trade names, or trade dress. A company name may be protected against the use of similar names by other companies. A color scheme or unique theme for a business or product packaging may be protected as trade dress.
We practice in the area of prosecution of domestic and international trademark and service mark registrations and opposition and cancellation proceedings. Additionally, we counsel clients concerning the selection, availability and use of trademarks, service marks, trade names and trade dress, as well as enforcing such rights through extensive computerized searches, preparing and prosecuting trademark applications, oppositions and cancellation proceedings, and the maintenance of registrations. We also assist in monitoring the use of your trademarks on the Internet and provide you with information regarding misuse and infringement.
For these reasons, it is imperative that an individual or organization take every step to best ensure ownership of a mark prior to investing significant time, money, and resources. Owning a federal trademark registered on the Principal Registry with the U.S. Patent and Trademark Office provides the trademark holder with the confidence to invest in building a strong brand, as well as the following advantages:
- The date an application is filed is a constructive date of first use of the mark in commerce. The result is that the registrant has nationwide priority as of that date, except as to certain prior users or prior applicants.
- The trademark holder has standing to sue in Federal court for trademark infringement.
- The trademark holder may recover profits, actual and statutory damages and costs, as well as treble damages and costs and attorneys' fees.
- The holder may deposit the registration with Customs so as to stop any infringing goods with an identical or substantially similar mark.
- The holder may be able to pursue criminal penalties and treble damages in an action for counterfeiting a federally registered trademark.
- The holder will have evidence of ownership of the mark and exclusive rights to use the mark in commerce in connection with the goods and services specified in the marks certificates.
- The holder may have a basis for filing trademark applications in foreign jurisdictions with a U.S. registration.
These are just some of the benefits of having a federally registered trademark. Our attorneys work through this process with our clients from the beginning of the application process all the way through to registration of the mark on the U.S. Patent and Trademark Office’s principal registry.