Trademarks are governed by federal and state law. Federal law provides the leading and most extensive source of trademark protection with a few state common laws in place. State laws vary from state to state.
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Sending Infringement Threat Letters
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Any phrase, word, design, symbol or combination of these items that helps to identify your goods and services can be trademarked. If the item is something that customers use to distinguish you from competitors in the marketplace, it should be trademarked.
Copyright laws have a similar function in protecting the rights of the owner, however the item they protect is different. While trademarks protect items that distinguish or identify a particular business from another, a copyright protects the original work. Copyright is automatic upon creation, trademarks are established over time through use of the item or mark in the course of the business.
Trademarking can help prevent customer poaching from other businesses trying to imitate your brand. In some cases, the trademark can also offer some protection from copycat businesses doing things to damage your reputation.
Learn more about how a Traverse Legal trademark law attorney can protect your brand by contacting us online or calling 866-936-7447.
Protecting your brand through trademark registration is critical to your company’s success. Here are the top reasons to register your trademark immediately and how a trademark law attorney with Traverse Legal can help.
Registering your trademark provides you with exclusive rights to use your mark in connection with your goods and services. This legal protection is essential in preventing others from using a similar mark that could confuse your customers. A trademark law attorney can handle the registration process, ensuring your application meets all legal requirements and stands the best chance of approval.
A trademark distinguishes your products or services from those of competitors, fostering brand recognition and customer loyalty. One of our lawyers can help you select a strong, distinctive mark that effectively represents your brand. We can also help you avoid marks that may be too generic or similar to existing trademarks.
Registering your trademark with the United States Patent and Trademark Office (USPTO) grants you nationwide protection, unlike common law trademarks, which can be limited to the geographic area where you use the mark. A trademark attorney can help you secure this broad protection, enabling you to expand your business confidently.
A registered trademark is a public notice of your ownership, deterring potential infringers. The USPTO database is publicly accessible, allowing businesses to check for existing trademarks before registering their own. A Traverse Legal trademark law attorney can monitor the marketplace for potential infringements and take swift legal action when necessary.
When you register your trademark, your business’s value is enhanced. Your company will be more attractive to investors, partners, and potential buyers. It demonstrates that you’ve taken steps to protect your intellectual property, which is a key consideration in business valuations.
If you plan to expand internationally, a registered trademark can be the first step in securing protection in other countries. Many jurisdictions require a home country registration before you can apply for international trademark protection. A trademark attorney can streamline the process by guiding you through international filings, such as those under the Madrid Protocol.
Once your trademark is registered, you can use the ® symbol, indicating that your mark is officially registered and protected by law. This symbol serves as a powerful deterrent against infringement. Your lawyer can ensure your mark is properly registered and advise on correctly using the ® symbol.
Having a registered trademark makes it easier to enforce your rights against infringers. Traverse Legal trademark law attorneys have extensive experience in sending cease-and-desist letters. We can also file a lawsuit and represent you in legal proceedings to protect your brand if necessary.
With the rise of e-commerce, protecting your brand online is also essential. We can help you secure domain names, monitor for cybersquatting, and take action against online infringers, ensuring your brand remains protected in the digital marketplace.
As you can see, registering your trademark is a strategic investment in your business’s future. A trademark law attorney with Traverse Legal can provide invaluable assistance throughout the process, from selecting a strong mark to enforcing your rights against infringers. Don’t delay – protect your brand by registering your trademark as soon as possible.
Protecting your brand through trademarks is crucial for long-term success. Implementing trademark best practices ensures your brand’s integrity and helps avoid costly legal disputes. The following is a brief look at some of the best ways to do precisely that.
Due diligence is essential when choosing a trademark. Before selecting one, conduct a comprehensive search to ensure no other person or entity is already using it. The most efficient way is to search the USPTO database, domain names, social media platforms, and industry-specific databases. Traverse Legal can perform this search efficiently, identifying potential conflicts and letting you know whether your chosen mark is viable.
The strength of your trademark depends on its distinctiveness. Arbitrary/fanciful or suggestive marks are generally stronger and easier to protect than descriptive marks. One of our trademark law attorneys can help you choose a unique and memorable trademark that clearly sets your brand apart from competitors.
As noted earlier, you should register your trademark with the USPTO to secure nationwide protection. If you expand globally, consider registering your trademark in key international markets. We can manage the registration process, ensuring all requirements are met and maximizing the likelihood of approval.
Monitor the marketplace regularly for potential infringements. This includes looking for unauthorized use of your trademark in advertisements, online platforms, and competing products. Traverse Legal attorneys can set up monitoring services and immediately act if we detect an infringement.
Take action against trademark infringers to prevent dilution and protect your brand’s value. Possible actions can include sending cease-and-desist letters, filing opposition or cancellation proceedings, and pursuing legal action if necessary. When you turn to a trademark law attorney with Traverse Legal, we can represent you in these actions, tenaciously protecting your rights.
Proper use of your trademark is essential to maintaining its protection. Always use the trademark consistently and in the form in which it was registered. Use the ® symbol for registered trademarks and the ™ symbol for unregistered marks. A Traverse Legal lawyer can advise on correct usage to prevent any weakening of your trademark’s distinctiveness.
Keep your trademark registration current by filing necessary maintenance documents and renewal applications. The USPTO requires periodic filings to maintain your registration, typically between the fifth and sixth year and every 10 years after that. To ensure your trademark remains protected, you should turn to a Traverse Legal trademark law attorney to manage these filings.
Ensure that your employees, partners, and affiliates understand the importance of trademark protection and proper usage. Provide training and guidelines to consistently and correctly use your trademark across all marketing and branding materials.
Register domain names that include your trademark and monitor for cybersquatting or unauthorized use. Utilize social media handles that match your trademark and report any misuse to platform administrators. Protecting your online presence is crucial in today’s digital marketplace. Our monitoring services can help you secure and defend your online assets.
There are many complexities involved with trademarks, but a skilled trademark law attorney can manage them for you so you can focus on what you do best—making your company a success. A Traverse Legal lawyer can help with trademark searches, registrations, enforcement actions, and international filings, providing guidance tailored to your business needs.
Following these best practices and working with a skilled lawyer can effectively protect your trademark and secure your brand’s long-term success. A proactive approach to trademark protection will help you build and maintain a solid and recognizable brand.
You must protect your trademark to avoid severe consequences for your business. Without proper trademark protection, your brand is vulnerable to misuse, dilution, and legal disputes. Here are the critical consequences of not protecting your trademark and how a professional with Traverse Legal can help mitigate these risks.
Your trademark is a critical part of your brand identity. Without protection, competitors or counterfeiters can use similar marks. This can lead to losing brand recognition and loyalty, undermining your efforts to build a strong and distinctive brand. A trademark law attorney can help you secure and enforce your trademark rights, preserving your company’s essential identity.
Without a registered trademark, you have limited legal recourse against infringers. This can result in the dilution of your brand’s distinctiveness and value. Competitors using similar marks can weaken your brand’s reputation and market position, making it difficult to differentiate your products and services. We can take effective legal action against infringers, protecting your brand’s value.
Failing to register your trademark can lead to costly legal disputes. If another business claims rights to a similar mark, you may face lawsuits or be forced to rebrand. Legal battles over trademark rights can drain your resources and divert attention from your core business activities. Traverse Legal has years of experience handling these disputes. We’re ready to put our knowledge to use to protect your trademark rights.
Unregistered trademarks typically have limited protection and are restricted to the geographic area where they’re used. This can hinder your ability to expand your business and compete in new markets. A registered trademark provides nationwide protection, allowing you to grow your brand without geographical limitations. We’ll register and protect your trademark across all relevant jurisdictions.
Infringement and dilution can directly impact your bottom line. Confused customers may purchase from competitors, believing they’re buying your products. Counterfeit goods bearing your mark can erode consumer trust and damage your reputation. By protecting your trademark, you help safeguard your revenue and market share. A trademark law attorney with Traverse Legal can help enforce your rights and prevent revenue loss.
Potential investors, partners, and licensees often require assurance that your brand is protected. You may need a registered trademark to secure business partnerships and investment opportunities. A registered trademark demonstrates your commitment to protecting your intellectual property and enhances your business’s credibility. We’ll work to ensure you secure and maintain these critical protections.
Traverse Legal Attorneys are experienced in all facets of trademark law, including trademark registration, trademark infringement, trademark licensing, trademark monetization, and trademark portfolio management.
Trademark assets continue to become more valuable, with many marks in the internet space seeing seven- and eight-figure valuations. Companies that take these assets seriously require a team of experienced and qualified trademark attorneys to register, protect, monitor, and enforce trademarks for their company name, brand, logo, domain name, and slogan.
Founding attorney Enrico is a seasoned consultant who guides companies, including law firms, in effectively integrating artificial intelligence (AI). With a wide range of consulting services, Enrico assists clients in harnessing the power of AI while ensuring ethical and responsible implementation.
Years of experience: 35+ years
All Trademarks are registered through the United States Patent and Trademark Office (“USPTO”). Trademark registration is important for the strength and growth of your business. Registering your trademark correctly is even more important. Contact a trademark registration attorney to better understand how to trademark a name, logo, slogan, or symbol.
Trademark infringement occurs when the use of a mark by another would create a likelihood of consumer confusion as to the source or origin of goods. In particular, trademark infringement on the Internet is a serious problem. Sometimes, it takes more than an infringement threat letter to stop third parties from infringing your mark. If you don’t protect your marks against infringement, who will?
Yes, domain names are often protected as trademarks. Registering a domain name that is confusingly similar to a trademark can get you in big trouble. If you register a domain name with a bad faith intent to profit from a trademark, you could end up paying $100,000 in statutory damages. Whether representing Internet companies or brick-and-mortar companies with Internet law issues, our experienced cybersquatting attorneys can help.
Cease and desist letters are more common on trademark infringement issues than practically any other area of law. Whether you need a trademark lawyer to draft a trademark infringement cease and desist letter, or an attorney to respond to a cease and desist letter received by your company, we have you covered. You need more than a form letter and boilerplate advice. You need real answers and real solutions.
Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of Complex Litigation, Internet, Trademark, Copyright, Cybersquatting, Drone, Defamation, Trade Secret, Non-Compete, and Business Law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
