Lhota & Associates, P.A. Trademark Services:
- Trademark/Service Mark Searches – We perform searches which meet your needs, including searches of U.S. Federal and International Trademarks/Service Marks. The search results are sent to you along with the written report of a Trademark attorney.
- S. Federal Applications for Trademark/Service Mark Registration – We prepare, file and prosecute U.S. Federal Applications for Registration. An experienced Trademark attorney represents you and keeps you apprised throughout the registration process.
- International Applications for Trademark/Service Mark Registration – We also prepare, file and prosecute foreign Applications for Registration.
- Enforcement, Disputes and Litigation – We provide legal representation for trademark disputes and litigation, including infringement matters, in state and federal courts. We also handle proceedings in the USPTO.
TM Basics: A trademark is a word, phrase, symbol, logo or design, or a combination thereof used to identify the source of goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Advantages of a federal trademark registration: A federal trademark registration provides the registrant with the exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration, except as to prior users. In addition, a federal registration provides certain statutory rights and remedies in the event of infringement by another. Conversely, failure to register a mark could have adverse consequences. For example, if a competing business likes your mark, uses it (or a confusingly similar variation) and obtains a trademark registration before you do, this entity may end up with superior rights to use it.
Advantages of performing a trademark search: A trademark search examines various databases for marks which are identical or confusingly similar to a specific mark (e.g. your mark or your proposed mark). A search can be particularly beneficial when deciding on a mark for your new business or product – obviously, before investing in advertising materials, packaging, signage, letterhead, etc., it would be prudent to determine whether your proposed mark is available for registration. Marks which are likely to cause confusion with existing marks may be denied registration. Additionally, use of a mark which is confusingly similar to an existing mark may subject the subsequent user to liability.
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