Your Protection on the web and your business
We know you have worked very hard to build a name for your business, so you need to protect your business and your brand. An expert consultant can help you in the area of trademark infringement.
Many people assume they can protect their trademark by using the mark (©) in commerce. You are not required to register a trademark for some level of protection because of the common law rights by using a mark in commerce; however, by having a federally-registered trademark, it provides several advantages: (1) it gives you a legal presumption of ownership with exclusive rights to use your logo, symbol, slogan, etc. nationwide in connection with your products or services; (2) it gives you the right to bring a federal suit against someone who may be infringing on your logo, symbol, slogan, etc.; and (3) it allows you to use the ® symbol.
The United States Patent and Trademark Office is a good place to find out about patents and trademarks, but a lawyer can give you an upperhand in obtaining a trademark or bringing a case against someone who has infringed on your trademark.
More Advantages on Having a Trademark:
- Allows you to gain monetary relief, including defendant's profits, any damages sustained by the plaintiff, and the costs of the action.
- An order that the defendant, in certain cases, will pay the plaintiffs' attorneys' fees.
Things you Can't Trademark:
- A creative work, such as a book, film, song, or performance, which is usually protected by a copyright.
- An invention, mechanical device, or process, which is usually protected by a utility patent.
- An idea cannot be protected, although it may be eligible for a copyright or patent once it is in tangible form.
More on Intellectual Property
It is essential that our clients understand, capture, protect, and capitalize the value of their intellectual property. A good attorney practices a full range of issues relating to intellectual property, such as: