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.
Check out Traverse AI, our AI-Powered Client Intelligence Tools For:
General Trademark Knowledge
Choosing a Strong, Protectable Trademark
Trademark Clearance Searches
Trademark Registration w/ USPTO
Sending Infringement Threat Letters
Receiving Infringement Threat Letters
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.
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.
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.
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 which 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 an 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.