Trademark Law

FAQ’s

• What is a Trademark?
  • A trademark is a source identifier – it may be a word, logo, slogan, sound and/or design that when attached to a good or service, enables a consumer to identify the company which produces the good/service.
• How Do I Protect My Trademark?
  • First, you need to ensure its availability. Before using any trademark or service mark, a search of marks in use can determine whether your proposed mark is available or has already been adopted and used by another. Conducting such a search before using your proposed mark can save much time and many. Also, will help you avoid lawsuit on account of infringing upon another’s trademark.An experienced trademark attorney can conduct the necessary searches and provide an analysis of availability for the trademark before you spend a penny implementing it. Second, you need to use that mark in connection with your goods or services. Ownership rights to a mark begin to be established by actual use of the mark.Generally, the first to use a mark is the owner of that mark. However, you should be aware that when someone else has filed an “intent to use” application in the trademark office for a similar mark prior to your own adoption or filing, that person has a right to acquire a registration, effective as of the prior filing date, by making use of the mark within a certain time frame.
• Can I Register A Trademark Myself?
  • You can register a trademark on your own. However, trademark registration is a highly technical process and even minor mistakes can result in lengthy delays or outright refusal to register your trademark. So while you may be reluctant to pay a lawyer to help, it’s worth remembering that the cost of having an application rejected and having to start over will almost always exceed the fee you’d pay an attorney.