Trademarks and service marks are among the most valuable assets that a business owns, and can be as important as the goods or services offered by the company. U.S. trademark law is very liberal, and there are many different kinds of intellectual property that can be protected: words, phrases, slogans, symbols, designs, shapes (e.g., bottles) and trade dress (e.g., a product’s packaging or the decor of a business). The purpose of trademarks is to distinguish one company’s products or services from those of others. Consumers often select products and services because they have confidence in certain trademarks. For that reason, a loss of trademark rights can be as harmful as a decrease in quality. Knowing how to protect your company’s intellectual property, and actually protecting it, are some of the most important steps you can take in promoting your business brand.
You can enhance your trademark’s value and establish nationwide rights by registering it with the U.S. Patent and Trademark Office. At the time of your application, you must establish a basis for filing: use in commerce intent to use, a foreign registration or application (filed within 6 months of a US filing), or an extended International Registration. Our attorneys are skilled at filing detailed applications with the USPTO that fully satisfy all of the complex requirements. If you would like, we would first conduct a thorough search of the database to determine if your proposed mark is already in use and otherwise assess risk. We then assist you through each stage of the application process.
The use by another company of your trademark can lead to lost profits and a tarnished reputation. When a company’s similar name, style, lettering, picture or other branding causes confusion, you may have a valid infringement claim. Our lawyers can counsel you on the best strategies to stop the unauthorized use of your trademark, including but not limited to sending cease and desist letters, working out settlements, and if necessary, undertaking litigation.
Call Collard & Roe, P.C. at 516-365-9802 or contact us online to schedule a consultation about your trademark issue.
Serving clients with distinction in both foreign and domestic intellectual property law.