A name, logo, slogan, color(s), sounds, or product configuration can each be a trademark or service mark. Each is capable of creating, in the mind of a consumer, an association between a manufacturer or seller and a product or service.
Trademark rights arise when a name or logo is used to sell goods or services to consumers. These "common law" rights can be enforced against infringers and unauthorized users of the name or logo.
The value and utility of a trademark is made far superior by registration by the U.S. Patent and Trademark Office. For example, registration can constitute a more serious threat against infringers, and can increase cost of defense for accused infringers in litigation while reducing costs for plaintiff trademark owner. Benefits of federal trademark registration include:
Evidence of nationwide ownership
Presumed validity in lawsuits enforcing the trademark
Visibility in the U.S. Patent and Trademark Office trademark search database
Authorization to use registration symbol to deter infringers
Establishes priority of use nationwide
Provides basis for foreign registration
We have extensive experience obtaining trademark rights and representing clients in cancellation and opposition proceedings at the U.S. Patent and Trademark Office. Registration is obtained by filing a trademark application with the Trademark Office and working with an Examining Attorney to ensure the application meets requirements.
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If you have questions or need to work with a trademark attorney, contact our team of experts at firstname.lastname@example.org.