TRADEMARKS

Patents • Licensing • Corporations • Infringement Opinions

      A significant portion of our business involves filing and obtaining domestic and international trademark protection for our clients. Below is a summary of some of the characteristics of trademarks.

A. Overview

a. A trademark is a word, name symbol or device or any combination thereof adopted and used by a user to identify the goods and distinguish them from those manufactured or sold by others such as competitors.
b. A trademark designates the origin of the goods. Trademark rights are generated by adoption and proper use. The trademark may continue as long as it is properly used.

B. Federal trademark registration

a. By far the best way to protect a mark is by filing for Federal Registration of the mark. A Federal Registration provides notice of claim of ownership and gives many rights to the owner of the registered trademark including the right to bring suit in U.S. Federal Court and may be used to prevent the importation of infringing goods.
b. Registered marks may become incontestable by others after five years of continued use.

C. Types of trademark applications

a. A trademark application may be based on actual prior use in commerce.
b. A trademark application may also be based on a bona fide intent to use the mark in commerce sometime in the future. This is the most common type of trademark applications. If there is an actual intention to use the mark, the application is made before the mark is used to obtain a filing date that is as early as possible to prevent others from being the first to file for registration.
c. It is necessary to establish proper use of the mark before the mark can be registered.

Patents • Licensing • Corporations • Infringement Opinions