Every business wants to make a name for itself and to stand out among the competition. Whether your business is an institution or just starting out, the right trademark or service mark coupled with the right protection can be what defines the competitive edge. The legal team at Garrity Traina has the knowledge and experience to help your business set itself apart. In addition, our firm has the skills to handle your litigation.
Words, slogans, logos, or other indicators that let consumers know the source of a good or service can serve as trademarks or service marks. Trademarks serve to distinguish the source in the marketplace from competitors and can help consumer recognition of a brand while warding off those who would seek to use “confusingly similar” marks.
We assist our clients with every step that goes into creating a valuable mark. These include brainstorming strong, distinct marks as well as protecting marks through state and federal trademark searches and trademark applications. We also advise our client on ownership issues, such as trademark licenses and transfers, as well as trademark litigation.
In the United States, trademark rights begin when a mark is used in commerce as a designation of source. Nonetheless, registration of a mark, such as with a state or with the U.S. Patent and Trademark Office (“PTO”), confers significant benefits. For example, federal registration of a mark allows the holder to enforce rights in federal court, where attorneys’ fees may be recovered. Additionally, benefits of state registration vary by state. Registration begins with an application. Once submitted, the trademark office typically examines the mark. However, the nature of the examination can vary greatly depending on the office to which it is submitted. For example, federal examination ensures the applied-for mark is not likely to be confused with any existing registrations.
If you believe someone else is using a mark that is similar to yours, or someone has unfairly accused you of doing so, we are also here to help. Protecting and defending your mark starts as simply as a free, 30-minute consultation with one of our attorneys. Contact us today!