What is a Trademark?
A trademark/service mark is a word, phrase, slogan, symbol, or design (or combination thereof) that distinguishes your products or services from others. Trademarks and service marks identify and distinguish the source of the goods or services. Marks are symbols of quality and goodwill that assure consumers that they will receive the same high quality product or service this time as they did the last time.
You may use the "TM" (trademark) or "SM" (service mark) symbol at any time in connection with your goods or services. The symbols TM and SM indicate only that someone is claiming rights in a Mark, and nothing more. It does not mean a trademark application has been filed or that a trademark registration has been issued.
A trademark or service mark is an invaluable attribute of your business. Protect it from the start by securing federal trademark protection. Contact Trademark Law Esq. to begin the process.
Our firm focuses exclusively on trademark law and other related areas of intellectual property. Our lawyers have decades of intellectual property experience, as well as connections across the globe to ensure protection of our clients' business interests. Whether you are starting your first business or your corporate enterprise has 20 Marks in its portfolio, we can provide comprehensive legal services to meet your needs.
Why should I file for a federal trademark registration?
If you obtain the registration:
- It allows you to give notice to the public of your claim of ownership of the Mark. 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 someone 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 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.