TRADEMARK Application Preparation, Filing, Prosecution, and Litigation
Trademark law is a specialty which governs the use of a word, a phrase, a design/logo, or a combination word and design that identifies the source of specific good(s) or service(s). The purpose of the trademark is to distinguish those goods from others that are created and sold by others.
Your business might use words, symbols, logos, phrases, or even the shape of the product you sell as a trademark.
Service marks, which are used to distinguish services instead of products, are also covered by this section of the law.
When to Think About Trademark Law
The process of filing a trademark application, obtaining a trademark registration, then enforcing it, involves a network of potential complications that you must navigate. A knowledgeable firm in the area of trademark law will help you determine whether a particular mark should be applied for, identify international classes or categories, and draft responses which are appropriate to communications received from the U.S. Patent and Trademark Office.
An experienced firm can also provide advice in this area of the law, discuss how to best use your trademark, and then help enforce your trademarks or service marks if someone begins to use what you’ve protected to their own benefit for items which are similar.
What Trademark Protection Means
When you are granted a trademark or service mark registration for you individually or for your company, then it is up to you to enforce this benefit. Infringement of a trademark does not happen automatically.
It is up to you to monitor your trademark to ensure there is no infringement occurring.
If you believe that your mark is being infringed upon, then you may file a civil action against that party. The court system can then issue a court order to prevent future infringement, require monetary relief, order the destruction of infringing items, and even require the defendant to pay attorneys’ fees.
To support such a claim, you must prove that you own a valid mark with the correct priority. That is why having a specialist in trademark law at your side throughout this process is to your advantage.
If you own a trademark or service mark, then make sure you have it legally protected and monitored today.