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The Firm’s Trademark Process

Attorneys at the Firm advise businesses as their brand images develop over time. This includes reviewing and searching the trademark records to determine if the business can freely use the desired trademark. Once a business decides upon a trademark, the Firm’s attorneys register the trademark with the United States Trademark Office, and coordinate trademark registrations in other jurisdictions (i.e. states and other countries). The Firm’s attorneys continue to advise the business on how to maintain the trademark or trade dress, and how to avoid the liability of improperly using the trademark.

Liability from Improper Trademark Use

Liability occurs, often unknowingly, when a business crosses into a new class of goods or services. For example, manufacturing businesses often place their trademarks on promotional items, such as clothing. The liability occurs because, while the manufacturing business can freely use its trademark on its own products, using the trademark on clothing may infringe upon the trademark rights of a clothing and apparel company that already uses that trademark. This scenario underscores the importance of engaging an attorney early on and using the attorney throughout the branding process to reduce liability risks, or avoid liability all together.

Why Businesses Should Register Their Trademarks

Businesses spend millions of dollars creating their brand image to set their products or services apart from their competitors’. Trademarks and trade dress are part of this brand image, and are protectable by trademark law. A required component to protecting the brand image is selecting legally enforceable logos, product names, service names, and trade dress. Failure to select legally enforceable trademarks or trade dress means that your competitor can associate their goods or services with yours and sell their goods or services using your trademark or trade dress. This results in a loss of sales and dilutes the value of your goods and services in the eyes of your current and potential customers and investors.

If you would like to speak with an attorney at the Firm about trademarks, please contact us for more information.

* Currently provided on a flat-fee basis.

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