A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Whether you want to avoid infringement issues or resolve other trademark-related disputes, we’re here to help.
What Are Trademark Rights?
Owning a federal trademark registration on the Principal Register provides a number of significant advantages over common law rights alone, including:
- A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a state registration only provides rights within the borders of that one state, and common law rights exist only for the specific area where the mark is used);
- Public notice of your claim of ownership of the mark;
- Listing in the USPTO’s online databases;
- The ability to record the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods;
- The right to use the federal registration symbol “®”;
- The ability to bring an action concerning the mark in federal court; and
- The use of the U.S. registration as a basis to obtain registrationin foreign countries
But before you register your trademark and other service marks, you need a full clearance search performed by an intellectual property lawyer. Conducting a trademark availability search of your mark before filing an application is very important because the results may identify potential problems, such as a likelihood of confusion with aprior registered mark or a mark in a pending application.
How Can We Help
Trademark disputes can occur during both the registration and enforcement periods. If you want to prevent infringement issues while registering your trademark, let Augusto Perera, PA assist you.
Our intellectual property lawyer will do a comprehensive search to make sure the term you want to register is unique and won’t cause any dispute. He will clearly identify the goods and/or services to be associated with the mark. And he will help you avoid registration errors and rejections that only lead to delays and added expenses.
In case you come across another party using your registered trademark, we’re here to help you pursue legal action against the infringer. Our attorney will evaluate your case and represent you in court to enforce your trademark rights.
Give us a call today to schedule an initial consultation.