Do you have a word, phrase, symbol or design, or a combination thereof, that you wish to use in commerce? Although there is the potential for a trademark owner to receive what is known as common-law trademark protection (without the need of acquiring official federal registration of a mark), it is wise to formally apply to register any protectable mark through the U.S. Patent and Trademark Office. Receiving a registration with the U.S. Patent and Trademark Office, state, or foreign registry is not always as simple as merely filing an application. Whether you need to supplement your application with a specimen, respond to an Office Action or renew your trademark registration, we are here to help.
We can never guarantee that your application for trademark registration will be approved by the U.S. Patent and Trademark Office; however, based on our experience in this area we are able to provide unique legal advice regarding use of certain marks, filing the application itself and the likelihood of eventually achieving success by earning a registration. Our main goal is to help our clients avoid potential pitfalls and do everything that is necessary to improve the chances of success.
If you find that a third party is infringing on your common law or registered trademark, you may need us to draft and deliver a cease and desist letter to an individual, corporation or company or file a lawsuit to protect against trademark infringement and/or dilution. We have also represented defendants who have been sued for allegedly infringing and/or diluting another’s trademark.
To succeed in an action for trademark infringement (once it has been established that the mark is protectable), a plaintiff must establish that there is a likelihood of consumer confusion as a result of the defendant’s use of the mark. We have a great deal of experience going through the various factors that are part of a likelihood of confusion analysis and are well equipped to represent either side of a trademark infringement lawsuit.