What is a Trademark?
You need more than a mere registration. A trademark can consist of any word, name, symbol or device used to indicate the source of goods or services. The advantages of trademarks are numerous: they attract attention to your business; they act as a repository for all consumer impressions about your business and your reputation; and they evoke certain feelings in the beholder based on that person’s past experiences with your company. The first thing you should know about trademarks is how to select one that will: (a) serve your unique marketing needs; and (b) be legally protectable and not elicit a claim of trademark infringement from a third party. Moreover, you will want to avoid confusion in the marketplace so that your distinct reputation can grow and be protected. When selecting a mark, choose a term that is distinctive in the marketplace. Certain terms are so overused that they will provide little value to your business in terms of creating a strong identity. In addition, terms like this are usually already taken by at least one third party and may get you sued for infringement. Terms that merely describe your goods or services are likewise not a good idea; they can only be legally protected with a special showing, which costs you more money and may take some time.
Consult a professional who can help with your marketing and legal needs. After you have selected a mark, you need to work with a professional to determine if the mark is available for use and/or registration. Only a trained trademark attorney can tell you whether a mark is available for use and registration in the U.S. Once you have obtained clearance from your trademark attorney, you can proceed to use the mark and register it.
Your mark should be registered in each country in which you do business. Once you “have rights” in a mark, you have a duty to affirmatively police the marketplace and protect your asset. We can recommend watching service packages and help you monitor potentially infringing activity. Don’t be fooled into thinking that only a trademark registration confers rights on you or on any third party. Once a mark is registered, each country has unique ongoing filing requirements to avoid cancellation of the registration. We can docket your marks and remind you of any such deadlines. If you have been sued or received a demand letter from a trademark owner relating to trademark infringement or domain name issues, we can help.
Social Media Issues:
Gavin Law Offices offers advice and analysis relating to social media usernames as possible trademark infringement matters. We review use of your trademark as a username on over 100 social media websites, including popular sites such as Facebook, Twitter, Instagram and Google+, which will allow you to make smart choices to reduce the risk of infringement and protect your trademark.
Being alert to trademark use on social media websites is also important in order to avoid conflicts with existing brands when evolving and expanding a new brand. Before investing in your new brand, let us help you analyze and become aware of potential conflicts used in social media.
Obtaining and Maintaining your Trademarks:
Trademark Lawyers You Can Trust – Let us help you with all your trademark needs Our firm has a combination of unique experience in both the real world marketing environment as well as renowned expertise in trademark law. Our law firm has been ranked nationally. Most other law firms simply don’t have these credentials. We have helped clients protect their marks in roughly 130 countries. We can also help you work through the maze of international treaties to determine if some combination filing is right for you. Many U.S. based businesses that trade over the Internet may reach customers globally and need to consider protecting their interests internationally. We have helped a number of global trademark owners develop and implement a trademark protection strategy.
We have a wealth of experience in this area, including:
- Filing and registering thousands of trademarks, service marks, collective marks, and certification marks in the U .S., and, with the help of our network of foreign associates, in approximately 130 countries worldwide
- Overcoming complex registration obstacles
- Handling numerous complex procedures before the Trademark Trial and Appeal Board and the World Intellectual Property Organization
- Negotiating trademark and domain name disputes and acquisitions
- Taking action against infringers and defending trademark infringement claims
- Structuring complex deals involving the sale, licensing or other disposition of trademark rights
- Advising regarding the use of third party trademarks
- Negotiating and drafting major consumer goods trademark licenses
- Advising regarding all aspects of the use of trademarks in cyberspace, including, metatags, cloaking, watermarking, sub-domains, and second level domains
- Managing worldwide portfolios of hundreds of trademarks for major corporations
- Advising regarding protection and enforcement strategy
- Developing trademark usage guidelines
- Effecting permissible trademark amendments
- Trademark watching services
- Managing the global intellectual property portfolios of some of the largest U.S. based companies and organizations and of internationally famous musicians and other talent
- Handling matters before the Trademark Trial and Appeal Board, as well as Trademark prosecuting office
- Negotiating a thirty million dollar trademark licensing deal with the most powerful children’s entertainment corporation in the world
- Negotiating collegiate trademark licensing deals for major universities
- Representing the trademark interests of professional certification organizations
- Brand Monitoring
- Domain Recovery Services
- Internet Monitoring