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Trademark Protection

Trademark registration, licensing, and infringement.

Comprehensive Trademark Services for U.S. Businesses

Check your Trademark Status

What are trademarks?

Trademarks act as source identifiers, meaning they indicate the entity providing certain goods or services.  The purpose of using trademarks as source-identifiers is to enable marketplace competition.  When consumers have the ability to distinguish one provider of goods from another, they can make informed choices about which provider deserves their purchase.  In turn, providers are incentivized to improve their goods or services offerings or live with the consequences of failing to do so.  The phrase “trademarks” often encompasses trademarks, services marks, certification marks, house marks, and other source identifiers.

Why is trademark protection important?

Trademark protection is becoming increasingly important.  Protecting your brand ensures that others do not take the hard work you have built in your brand.  Registration with federal authorities provides additional tools and benefits that allow you to safeguard your brand.  Online services and companies continue to place increased reliance on federal trademark protection.  The Amazon Brand Registry requires its participants to file a federal trademark application to seek its protections.  Implementation of a Brand Indicators for Message Identification (BIMI) record requires possession of a federal trademark registartion to be effective.  Possession a federal trademark application is also a crucial step in owning and protecting your domain name from misappropriation.

What steps can you take to protect your trademark?

There are three steps to protecting your trademark: prosecute, utilize, litigate.  Prosecution refers to the process of getting your trademark registered with state or federal authorities.  Registration with the United States Patent & Trademark Office (USPTO) takes over a year, involves a substantive review of your trademark application, and may involve legal briefing and even a specialized lawsuit called an opposition.  After registration, trademarks must be maintained through renewals and other filings with the USPTO.

Utilization often involves licensing a trademark.  Brand owners frequently use their trademarks for their own ends, but collaboration among entities often presents its own benefits.  Drafting and negotiating a satisfactory licensing agreement could mean the difference between a healthy collaboration and a loss of one’s trademark rights altogether.

Litigation involves enforcing or defending your trademark rights before a tribunal.  This could involve policing the trademark rights you own to make sure others do not use your mark without permission.  It also involves defending your rights to use your trademark, or other marks, in ways that are legally permissible.  To the extent your trademark rights cross paths with another form of property, like domain names, trademark litigation my involve those other forms of property, too.

View our trademark services to the left.  We can help protect your brand every step of the way.

Flat Fee Pricing

We strive to provide flat fee pricing to all of our clients whenever possible.  That pricing is determined on a case-by-case basis.  Flat fee pricing is usually unavailable for litigation matters, in which case we provide our services at an hourly rate.

Request a Consultation

We provide informative consultations for clients eager to receive professional trademark protection.

Meet Our Trademark Attorney

There’s no substitute for experience and skill when selecting a trademark attorney. Learn more about an attorney that can provide you ironclad protection.

What are trademarks?

Trademarks act as source identifiers, meaning they indicate the entity providing certain goods or services.  The purpose of using trademarks as source-identifiers is to enable marketplace competition.  When consumers have the ability to distinguish one provider of goods from another, they can make informed choices about which provider deserves their purchase.  In turn, providers are incentivized to improve their goods or services offerings or live with the consequences of failing to do so.  The phrase “trademarks” often encompasses trademarks, services marks, certification marks, house marks, and other source identifiers.

Why is trademark protection important?

Trademark protection is becoming increasingly important.  Protecting your brand ensures that others do not take the hard work you have built in your brand.  Registration with federal authorities provides additional tools and benefits that allow you to safeguard your brand.  Online services and companies continue to place increased reliance on federal trademark protection.  The Amazon Brand Registry requires its participants to file a federal trademark application to seek its protections.  Implementation of a Brand Indicators for Message Identification (BIMI) record requires possession of a federal trademark registartion to be effective.  Possession a federal trademark application is also a crucial step in owning and protecting your domain name from misappropriation.

What steps can you take to protect your trademark?

There are three steps to protecting your trademark: prosecute, utilize, litigate.  Prosecution refers to the process of getting your trademark registered with state or federal authorities.  Registration with the United States Patent & Trademark Office (USPTO) takes over a year, involves a substantive review of your trademark application, and may involve legal briefing and even a specialized lawsuit called an opposition.  After registration, trademarks must be maintained through renewals and other filings with the USPTO.

Utilization often involves licensing a trademark.  Brand owners frequently use their trademarks for their own ends, but collaboration among entities often presents its own benefits.  Drafting and negotiating a satisfactory licensing agreement could mean the difference between a healthy collaboration and a loss of one’s trademark rights altogether.

Litigation involves enforcing or defending your trademark rights before a tribunal.  This could involve policing the trademark rights you own to make sure others do not use your mark without permission.  It also involves defending your rights to use your trademark, or other marks, in ways that are legally permissible.  To the extent your trademark rights cross paths with another form of property, like domain names, trademark litigation my involve those other forms of property, too.

View our trademark services to the left.  We can help protect your brand every step of the way.

Comprehensive Trademark Services for U.S. Businesses​

Flat Fee Pricing

We strive to provide flat fee pricing to all of our clients whenever possible.  That pricing is determined on a case-by-case basis.  Flat fee pricing is usually unavailable for litigation matters, in which case we provide our services at an hourly rate.

Request a Consultation

We provide informative consultations for clients eager to receive professional trademark protection.

Trademark Prose is our blog about trademark law. Learn the ins and outs of trademark applications, office actions, and trademark infringement. Click on a post below.