A Trademark Attorney for Intellectual Property Protection
A trademark attorney could help businesses secure protection for their trademarks, service marks, brands, and trade dress. Such devices generally prevent others in the marketplace from using a confusingly similar name, symbol, or logo to indicate the source of the goods or services. Before investing in a trademark or branding campaign, it is prudent to seek counsel from a trademark attorney.
Getting Advice from A Trademark Attorney
Words or symbols gain trademark protection through distinctive used in the marketplace. When marks are used commercially in conjunction with certain goods or services, trademark rights arise. Marks remain protectable as long as use is distinctive and in commerce. As such, counsel from a trademark attorney on what uses fall under the purview of “commercial use” is advisable.
A trademark attorney could also help a business secure a federal trademark registration for the mark with the U.S. Patent and Trademark Office (USPTO). A federal trademark registration gives constructive notice to the public of the registrant’s claim of ownership in a mark. Additionally, registration provides a legal presumption of ownership. Trademark registration gives the trademark owner nationwide exclusive rights in connection with the goods or services listed in the registration. In addition, a trademark attorney could use the U.S. trademark registration as a basis to obtain registration in foreign countries.
Proper Trademark Marking For Notice
A registered trademark owner should adhere to certain usage requirements and notice provisions. A trademark attorney can provide guidance on proper commercial use of registered trademarks as well as use of proper notices.
Trademark Protection and Anti-Counterfeiting Efforts
A trademark attorney could also advice clients on how to use trademark registrations to guard against counterfeiters from using their marks on unauthorized products. For example, a trademark attorney could help clients record the trademark registration with the U.S. Customs Service. In doing so, the mark owner provides U.S. Customs officials with information about the brand to prevent counterfeits from making their way into the U.S. A trademark attorney could provide advice on procedures on how to record and seek enforcement of the trademark registration with the U.S. Customs Service and other similar procedures in other countries.
Marks receive some degree of protection, even without registration. A trademark attorney could provide advice on how to protect common law marks through proper notice provisions and enforcement strategies.
About the Firm:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.
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