Trademark Law

Do You Need a Trademark Lawyer?Trademark law

A trademark is an intellectual property right that protects established brands.  The idea behind trademark law is to allow a producer of goods or services to distinguish their goods or services from those of a different producer.  If a consumer purchases a hamburger that comes in a bag with the McDonald’s arches on it, they know that burger comes from McDonald’s, not Wendy’s.

There are state, federal, and international trademark laws that interact with one another.  These laws impact your business, whether you know it or not, and should be considered when developing a business strategy.  The attorneys at Whitcomb Law, P.C. can help you understand these laws and the implications for your large or small business.

Trademark Research & Compliance

Businesses often find themselves in trouble because they did not conduct trademark research or seek the advice of an attorney prior to naming their business, packaging or naming a product, or settling on a catchy slogan.  If another business has already been using the name, packaging, product name, or slogan (or a substantially similar name, packaging, or slogan), that business will likely bring a lawsuit for trademark infringement.  Don’t make this mistake.  The attorneys at Whitcomb Law, P.C. can conduct trademark research to ensure that your business’s name, slogan, and packaging do not infringe on any existing trademarks.

Domestic and International Trademark Registration

On the other side of the coin, trademark law can and should be used to protect a company’s brand.  There are state, federal, and international laws that allow businesses to “register” their trademarks, which in turn generally allows them to prohibit other companies or individuals from using those marks without permission.

Registration is not an automated process, each application is reviewed to ensure that it meets the registering office’s requirements.  Each level of government has different rules regarding trademark registration, and sometimes there are ways to more easily register a trademark in different countries at the same time.  At Whitcomb Law, P.C., we understand trademark registration filing requirements and can assist you in registering your qualifying trademarks.

Trademark Enforcement & Protection

Even after a trademark is registered, there are steps a business must take to enforce their trademark in order to protect the registration.  Failure to do so could result in losing registered trademark status.  Our attorneys can help you develop a policing strategy and intervene on your behalf if others impermissibly try to use your trademark.

Your Business Needs a Trademark Attorney

The above are just a few of the many reasons your business needs a trademark attorney. For more reasons or for legal advice on the use and enforcement of trademarks in your business, contact the attorneys at Whitcomb Law, P.C. today to see how we can be of assistance.

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