Federal law governs trademarks, which is defined as a distinctive name, word, symbol, logo, sign, design, or expression which distinguishes a product or service from other sources. A trademark is your way to showing the world the quality, origin, and goodwill behind a product or service. By registering your trademark with United States Patent and Trademark Office and by giving the world notice of your ownership, your trademark is not only protected, its value will increase due to its exclusivity. A trademark’s greatest benefit is reducing the likelihood of confusion between your product or service and that of your competitors.
Common Ways A Trademark is Lost
Businesses and individuals should be advised that under certain circumstances trademarks may be lost if:
- the Trademark Is Not Renewed On Time
- the Trademark Loses Its Distinctive Character
- the Trademark Becomes Generic
- the Trademark Is Too Similar to Another Trademark
- the Trademark Lost Distinctiveness within Its First Five Years (and consequently loses international recognition)
- the Trademark Was Not Used As Intended or is Abandoned
Helping You Preserve Your Brand
Should I register my Trademark?
Trademark registration is done through the United States Patent and Trademark Office (USPTO). Most trademarks may be registered online with the USTPO. However, if a trademark is later found to be too similar to another registered trademark, fail to timely renew, or cause confusion within the same class of products, then litigation will almost certainly ensured. As such, it is better to obtain the services of a trademark attorney who can accomplish trademark review, registration, and monitoring process quickly and efficiently.
Your quality brand is what sets you apart from your competitors and continues to generate return business. Trademark registration preserves a registered trademark holder’s interest. By registering a trademark, an entity identifies the source of the product or service, the goodwill of a product or service, and allows consumers and other parties to continue to enjoy the same quality product or service. Trademark registration not only provides rights for exclusive use and licensing, it allows the trademark holder to bring suit for trademark infringement under the Lanham Act.
How Do You Manage Trademarks?
Trademark management may be broken down into phases. In the first phase, a trademark search is conducted to review the strength of your mark and to ensure that it is distinct enough to avoid a likelihood of confusion scenario. After a successful search, the trademark is developed and registered. Following registration, the trademark is routinely monitored at specific times and dates to ensure it protection.
plan of action
What Should I Do if I am Sued for Trademark Infringement or if Someone Infringes Upon My trademark?
If someone has infringed upon your trademark or if you are sued for trademark infringement, then you must act quickly to preserve your interests. If someone has infringed upon your trademark, Syed Law can aggressively and professionally protect the integrity of your trademark without resorting to litigation. If you have been sued for trademark infringement under the Lanham Act, then you need to seek the guidance of an attorney.
Having litigated several trademark matters, Syed Law does not apply a “one-size-fits-all” approach to our clients. For individuals, Syed Law carefully evaluates the merits of your unique circumstances. For businesses, we take a holistic approach which factors in your market sector and finances in reducing your overall legal costs. In both cases, Syed Law will make strategy recommendations, if retained as counsel. Once our clients indicate they wish to proceed with litigation, we pursue an aggressive, yet professional strategy to obtain the best results for your case.
Litigation can be a difficult process and few law firms offer clients the counseling they deserve. At Syed Law, we made a conscious decision to place our client’s needs first in litigation. Let us guide you and simplify the process.
First, I will conduct a through review of the USPTO database with marks similar to your specimen.
If the review does not reveal any similar marks, then I will suggest trademark filing the cost varies by the number of classes.
Additional filings and trademark monitoring shall be necessary to preserve your mark if registered.
We can help Draft, Review, and Negotiate contracts for you
our professional services Include:
- Trademark review
- Trademark filing
- Trademark monitoring
- Trademark infringement defense
- Trademark infringement prosecution
Issues that may arise In Contracts
Guiding you through the Trademark Application Process.
I listen intently to your concerns during the trademark application process to ensure high-caliber legal services preserve and protect your interests.