Educating Clients on the Trademark Basics
When exploring the prospect of registering a trademark, it is essential that you have a knowledgeable lawyer on your side. At Trademark Law Esq., our lawyers have decades of experience handling a wide range of trademark law issues. We are committed to providing each of our clients tailored representation in order to ensure that their needs, and the needs of their businesses, are fully met.
To learn more about trademark basics, please see the information below. To schedule an appointment, send us an e-mail or call us at 914-381-2728.
Why should I file for a federal trademark registration?
If you obtain the registration:
- If competitors adopt confusingly similar Marks, they can be stopped from using them. Even if they were unaware of your trademark, they could not claim ignorance. Federal trademark registration acts as a preventative mechanism to discourage competitors from infringing on your rights for fear of legal ramifications.
- You gain the right to use ® or "Registered Trademark" wording in conjunction with your Mark.
- You obtain a nationwide priority of use of the Mark in conjunction with your goods or services. This increases the value of the Mark as an asset. Once a trademark has value, you may profit by licensing use of the Mark or by assigning the Mark to a third party.
- You can bring an action in federal court and access injunctive relief should a third party violate your rights. Federal registration also allows you to seek treble damages and reasonable attorney fees if you prevail in court.
- If you continue to use the registered Mark for five consecutive years, you can file an Affidavit of Incontestability. Essentially, your trademark rights become incontestable. If you have to litigate a dispute in court, nearly every defense to trademark infringement would be eliminated.
- You can use your U.S. registration as a basis to obtain registration in foreign countries.
- You can file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
- You can use your registration as evidence of your trademark rights in a domain name dispute.
How long will it take to acquire a trademark registration?
Once a trademark application is filed with the U.S. Patent and Trademark Office (USPTO), the amount of time it takes to receive a registration will vary on a case-by-case basis. This can range from nine months to a year or more depending on circumstances. We can provide you with a more specific estimate upon consultation.
Should I conduct a clearance search before filing a trademark application?
Yes, we highly recommend conducting a full trademark clearance search prior to filing an application. We will conduct a courtesy preliminary search in order to determine if a full search is appropriate. A search can save you significant time and expense. It will also advise you as to whether someone else has obtained rights to a similar Mark. We will use our expertise to evaluate the full search report and provide you with an Opinion Letter as to the clearance of your proposed Mark.
Contact Trademark Law Esq.
To set up an appointment, send us an e-mail or call us at 914-381-2728. We offer a free preliminary trademark search before you are required to engage our firm for a more comprehensive search. Our lawyers work with clients throughout Westchester County, New York, and Stamford, Connecticut, and the surrounding communities including all the boroughs of New York City.
