INTELLECTUAL PROPERTY PROTECTION
TRADEMARK REGISTRATION AND RIGHTS ENFORCEMENT
A trade (or service) mark can be a name, slogan or design or a combination of those elements that is used to identify the source of goods (or in the case of a service mark, services) and to distinguish that source from any other source providing the same or similar goods and services.
A combination of federal and state law affords protection for certain type of trade and service marks to prevent confusion by consumers as to the source of the particular goods or services.
If someone else uses such a mark in way that will likely cause confusion, that other person may be infringing upon that mark and may be liable as a result. Registration of a mark, particularly under federal law, affords extra protection to the owner of the mark. Unlike rights of patent or copyright, which expire after a certain time, trademarks can grow more valuable as time passes and be protected indefinitely.
The rights of the trademark owner often depend upon actions taken to protect the mark. A person or business entity is likely to expend time and money to have consumers associate the mark with the owner’s particular goods and services. The Firm advises clients that are wish to use to a name or mark to identify good and services. The Firm performs searches to try to determine if marks were previously registered anywhere or being otherwise used.
If a trade or service mark is a candidate for registration, the Firm performs the necessary work to seek such registration and then will assist its clients continue to protect the valuable rights in trade or service mark
Those who create “original expression” are entitled to protect that expression and profit from its sale or use. Copyright protection may extend to the written word, computer code, film, graphical artwork, audio and many other forms of expression. We assist our clients to protect, license and otherwise ensure the full protections that copyright law affords to them.