Posts Tagged ‘trademark attorney’

Understanding Trademark Availability

Thursday, July 10th, 2014

Here is some background information on trademark availability issues. This information is provided purely by way of background and so that you understand the process. These are the most common questions we get on trademark availability.

 

FAQ Trademark Availability

Q. What is a trademark availability search?

A. In general, trademark availability is a search done by a qualified trademark attorney or staff member under that attorney’s direction to identify other possible uses of the market of your proposed trademark, or words which may create customer confusion as related to your proposed trademark in your proposed industry.

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Q. Do I have to get a trademark availability search before registering a trademark?

A. The answer is No, however you will be taking a significant risk that you will either not achieve registration or even if you do achieve registration, that your trademark will later be determined to be invalid or infringing on someone else’s mark.

 

Q. I already did a Google search and checked the trademark database, isn’t this enough?

A. It depends. Most clients do not understand trademark law well enough to come up with a different variations of your proposed mark in order to do a comprehensive search. A search typically involves variations of your proposed trademark or service mark, phonetic variations and other advanced search techniques within the trademark database.

Continue reading Understanding Trademark Availability »

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How To Defend Against Trademark Counterfeit Claim

Wednesday, September 18th, 2013

Matt:  Hi, and welcome back to Trademark Law Radio.  I’m Matt Plessner.  Today we’re going to be discussing trademark counterfeiting, and how to defend yourself against claims of trademark counterfeiting.  To help us, we’re speaking again with Brian Hall of the Traverse Legal office of Traverse City, Michigan…Brian, nice to have you back.

Brian:  Thanks Matt, it’s good to be here again.

Matt:  Now Brian, first of all, what is trademark counterfeiting?

Brian:  That’s a great question, Matt.  A lot people are aware of trademark infringement and related claims, but trademark counterfeiting is something that people think about when they’re buying or selling a product that isn’t the actual or genuine product, but instead has been produced by someone else to look like that product and it bares the mark of the actual product.  So, under law, the Lanham Act, which is the act that specifically deals with trademarks (and it is a federal act), it prohibits the use and commerce of counterfeit trademark in a matter that’s likely to cause consumer confusion, and it’s further provides that anyone using the counterfeit trademark in that way, meaning as a counterfeit, will be liable in a civil action to the registrant of the trademark.  So, put simply, what it means is, under law, if someone uses the trademark of another on a product that’s not the actual product or a genuine product then they can be liable for trademark counterfeiting.
Continue reading How To Defend Against Trademark Counterfeit Claim »

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Trademark Infringement on the Internet: What to do?

Monday, August 5th, 2013

We get a lot of questions on trademark issues and most of them deal with internet-based trademark infringement or online trademark infringement claims. When someone uses your trademark or service mark on the Internet, you potentially will lose more than just customers. You’ll lose revenue, profits, and have your website traffic diverted to someone else’s website. As importantly, you need to understand that a failure to protect your trademark may result in voiding your mark altogether. A good internet and technology lawyer will be able to help you understand your options when facing an unauthorized use of your trademark on a website, blog, e-commerce platform, online sales platform, Facebook, Twitter or other online media. Trademark infringement is serious business. Trademark infringement on the Internet needs to be dealt with early, before you lose your trademark rights

The other thing that you need to understand about trademark law is that much more than the literal elements of the mark are protected. Trademark law protects any unauthorized trademark use which is likely to cause consumer confusion about the source and origin of goods.  As a trademark lawyer, I often find myself explaining to clients that just because a literal word doesn’t come back on a Google search, doesn’t mean that you won’t be infringing someone else’s trademark if you choose it. You have to search for variations and equivalents of the word in order to see if anything is similar. If it is similar, you need to ask yourself whether or not your trademark is going to be used in a distinct area of goods or services from someone else’s trademark use. There is a Delta Airlines. There is also a Delta Faucet. They do coexist. But there will never be another faucet company incorporating a similar word to the “Delta.” And there won’t be another airline which uses a similar word to the word “Delta.” And the logos of both companies are fully protected against any trademark infringement which might cause consumer confusion. Speak to a competent trademark attorney who specializes in Internet Law today to better understand your rights.

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What is a Fanciful trademark?

Friday, January 13th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.  Today, I will be answering the question: “What is a Fanciful Trademark?” Continue reading What is a Fanciful trademark? »

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Why Trademark Availability Assessments Make Sense

Friday, January 13th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark applicants and owners in the enforcement of their trademark rights and defense of their trademark rights throughout the United States.  Today, I will be answering the question of why a trademark availability assessment makes sense. Continue reading Why Trademark Availability Assessments Make Sense »

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What Constitutes a Trademark First Use In Commerce?

Thursday, January 12th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, a trademark attorney with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.

Today, I will be answering a common question.  And that question is: “What constitutes a trademark’s first use in commerce?  And the reason that question comes up fairly often is because when filing for a trademark application with the United States Patent and Trademark Office, the applicant must provide two dates.  The first is known as the first use in commerce date, and the second is known as the first use date.  The first use date is exactly as it sounds.  It’s the first date that you actually made use of the particular mark in connection with the goods or services for which you’re applying.  However, the first use in commerce date has a bit more legal meaning.
Continue reading What Constitutes a Trademark First Use In Commerce? »

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What is an Arbitrary Trademark?

Thursday, January 12th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Trademark Attorney Brian Hall with Traverse Legal, PLC, a law firm representing trademark owners throughout the United States.  Today, I will be answering the question: “What is an arbitrary trademark?” Continue reading What is an Arbitrary Trademark? »

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What is a Suggestive Trademark?

Thursday, January 12th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, an attorney with Traverse Legal, PLC, a trademark law firm representing clients and trademark applications with the United States Patent and Trademark Office and trademark related litigation and matters throughout the United States. Today, I will be answering the question:  “What is a suggestive trademark?” Continue reading What is a Suggestive Trademark? »

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What is a Descriptive Trademark?

Wednesday, January 11th, 2012

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

This is Brian Hall, an attorney with Traverse Legal, PLC, a law firm that represents trademark applicants, trademark registrants, and those facing trademark issues throughout the United States.

Today, I will be answering the question:  “What is a descriptive trademark?” Continue reading What is a Descriptive Trademark? »

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What is the Differences Between a Cease and Desist Notice Letter and Cease and Desist Threat Letter

Thursday, December 29th, 2011

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.

Welcome to Trademark Law Radio, my name is Trademark Attorney Enrico Schaefer. Today, we’re going to talk about a very important topic and one that is often overlooked by trademark attorneys and their clients alike. Continue reading What is the Differences Between a Cease and Desist Notice Letter and Cease and Desist Threat Letter »

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan