Trademark Law

Brands are essential assets in successfully commercializing your product or service. Having a clear and strong brand strategy in place is crucial in the U.S. marketplace.  Due to this, choosing an appropriate brand name is one of the first tasks a business faces as it prepares to enter the marketplace.  If the brand name is used in connection with the sale of goods or services, then it is called a trademark (or service mark). 

What follows is a brief overview of the trademark registration process.  It is not intended to replace the advice of qualified counsel.

What are some of the advantages of registering a trademark?

Registering your trademark with the federal government confers some important advantages.

• Right to sue in federal court:  Federal courts can issue injunctions with nationwide effect to stop infringers.

• Nationwide rights:  The registrant possesses the exclusive right to use the mark nationwide in connection with the goods and/or services listed in the registration.

• Notice to the public:  Publication on the federal register acts as a powerful message to would-be infringers that you are serious about protecting your legal rights to your trademark.  Responsible businesses will be very unlikely to adopt a mark that would conflict with your prior registration.  

What steps are necessary to register a trademark?

Registering your trademark involves three major steps: choosing a name, conducting a trademark search and finally, registering your trademark. 

How do I choose at trademarkable name?

Not all names are entitled to federal trademark protection.  Only names that are "distinctive" may be registered as federal trademarks.  A mark can be distinctive if it's coined or made up (such as Xerox or Lexus), is a real word used arbitrarily (such as Apple for computers or Orange for a cell phone company), or if it suggestively uses ordinary words in a clever manner (such as Coppertone for sunscreen). Our trademark attorneys will help you choose a name that will receive the strongest protection possible. 

Trademark Searches

Most companies will need to conduct a trademark search to determine whether a mark is available for registration.  If a "confusingly similar" mark is uncovered during the investigation, the proposed mark will not be available for use and registration.  For trademarks filed in the United States, your attorney will conduct a comprehensive search of the federal register, all state registers, and for common law usages of the mark (marks that are in use but unregistered on either federal or state registers).  Based on the results of this search, your lawyer will draft a letter advising whether the mark is available and whether it is likely to be registered. 

Registering your Trademark

Once you've chosen a mark and after the results of a properly conducted trademark indicate the availability of your mark, it's time to file the trademark application.  Your trademark attorney will help you choose the proper class or classes in which to file your mark and complete the application.  You will receive a receipt of your application immediately, but it could take up to a year-and-a-half before your application is registered.

Trademark Law Attorneys

For a free consultation:

800-930-7271

info@rimonlaw.com