Trademark Attorney Overview

Lawyer Assistance Protecting Intellectual Property

Businesses which operate in the United States have a variety of rights that protect their intellectual property. One protection that the laws provide is the ability to establish and register trademarks, which allow a company to identify themselves and distinguish themselves from their competition.

If you need to register a trademark that will ensure that your customers are able to easily identify your company, it is important to work with an attorney who is experienced in trademark laws. A skilled lawyer can also assist in resolving legal issues related to disputed trademarks or trademark infringement.

Trademark Protections

A trademark refers to the words, phrases, or symbols that a company uses to identify themselves and the goods and/or services they provide and distinguish themselves from other companies. Trademarks may apply to company names or logos, product names or logos, website domain names, or advertising slogans. Trademarks for services provided by a company are known as service marks.

While a company can establish a trademark by using it in a commercial setting, registering a trademark with the U.S. Patent & Trademark Office (USPTO) can provide additional protections should any disputes arise over the ownership of trademarks. A company may use the "TM" or "SM" symbols to designate a trademark or service mark, and federal registration allows them to use the registered trademark symbol (®).

Trademark infringement occurs when a person or company uses a name, logo, or other type of trademark that is similar to a trademark which had previously been adopted and used by another party. Infringement will only occur when it may cause confusion for consumers about the goods or services sold by a company. Infringement may result in a reasonable person thinking that an infringer is affiliated with the original trademark holder, or that the infringer's goods or services are the same as those of the trademark owner.

If a trademark holder successfully demonstrates that infringement has occurred, they may be able to receive a number of remedies from an infringer. These may include an injunction to stop using the trademark or destroy infringing products or materials, as well as the awarding of damages, including attorney's fees and any profits made from infringing activities.

Trademarks are an important form of intellectual property that will allow your company to position yourself in the marketplace. It is important to work with an attorney to ensure that you meet your legal requirements when registering and maintaining a trademark. A skilled lawyer can also help you protect your trademarks by notifying infringers and providing representation in trademark infringement cases.