Our Attorneys at Sullivent & Fontanez, PLLC are uniquely situated to handle your trademark issues nationwide. Led by attorney, Noah Fontanez, the team has successfully prosecuted numerous trademark applications from clients all over the United States and worldwide. The trademark team is complimented by a strong background of litigation including trademark infringement litigation.
For many of our clients, the strength of their brand is one of their most important assets. A brand name typically associated with a word, phrase, symbol, design, or logo helps differentiate our business owners from the rest of the pack. Your brand name will help customers identify a product or service with you or your business and the high quality that comes with it. At one point in time, the word Kleenex ® was just a word – now people all over the world associate it with a brand of facial tissue. Similarly, I can probably just say the words golden arches, and most would associate that described logo with a hamburger, right?
Bottom line, your brand protects your customers from being confused with goods or services of less quality. Your brand is your lifeblood.
COMMON LAW TRADEMARKS
First, there are protections that exist from the common law. Common law is typically defined by the interpretation of state or local law as, in this case, would apply to your trademark. Common law trademark protections exist from your use of the mark in public, but those protections are very limited.
An owner can immediately use the TM symbol with a common law trademark. But, common law trademark owners are constrained by local enforcement as opposed to nationwide. Additionally, their remedies are typically limited by the lack of statutes that would otherwise provide adequate remedies when someone is found to have infringed on the trademark.
A common law mark cannot be identified with the ®symbol which can only apply to trademarks that are registered with the United States Patent and Trademark Office (USPTO).
FEDERALLY REGISTERED TRADEMARKS
Second, and most importantly, there are federal protections that exist when you obtain a registered trademark often identified with the ® symbol. A federally registered trademark provides notice to the public that someone owns the mark. This notice is a very important one that dissuades others from wrongfully infringing on the mark. Infringement occurs when someone uses a strikingly similar trademark for a similar purpose that creates confusion in the marketplace between goods and services and ownership of that brand. If infringement occurs, the federal statutes that cover registered marks provide much better protections to enforce your mark throughout the United States.
There are also better remedies against infringement with federally registered trademarks. For example, an owner of a federally registered trademark can petition the federal court for an injunction which will immediately stop the infringing activity. If the cause has been found true and the trademark was infringed on, the owner may obtain higher damages than from a common law mark.
When it comes to trademarks, there are different types of protections found in Common law and Federal Statutes.
Brand name protection is important. If you don’t register your brand now, then someone could technically register a similar brand for similar goods before you do. This can put you at risk of becoming the infringer. Your business could suffer greatly as a result.
We recommend that you hire an experience intellectual property attorney that can help you protect your brand. Our attorneys at Sullivent & Fontanez have the experience you need.
- We can give you advice on the process.
- Perform a comprehensive search for you
- Provide professional legal advice on your likelihood of success in filing with the USPTO
- Prepare and file your application with the USPTO
- Monitor your application throughout all phases
- Advise you on potentially infringing trademarks
- Defend or prosecute trademark infringement actions
Contact our office today and we will send you a simple questionnaire and a payment link. Or, you can fill out the trademark intake form below for expedited service.
Upon your acceptance of the engagment agreement below, we offer the following:
- We will perform a comprehensive federal, state, and common law trademark search to avoid possible conflicts that could result in a denial of your application.
- We will provide you with a thirty (30) minute consult to go over your search and application process.
- We will draft your application for your review prior to filing.
- If acceptable to you, we will file your application with the USPTO and track its progress.
- If required, we will respond to any non-substantive Office Actions on your behalf.
Under seperate engagement agreement, Sullivent & Fontanez, PLLC can represent your interests with any substantive office actions or infringment claims.
United States regulations specify that only an attorney who is an active member in good standing of the bar of the highest court of any U.S. state or territory can represent you in a trademark application, registration, or TTAB proceeding at the USPTO. As U.S. licensed attorneys at Sullivent & Fontanez PLLC, we can be your listing attorney for your trademark application. If needed, we can also represent you before the Trademark Trial and Appeal board. If you need a U.S. licensed attorney for your trademark application or Office Action, feel free to reach out to us so we can help. You can also fill out the form below for assistance.
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- AddressSullivent & Fontanez, PLLC
616 S Boston Ave
Tulsa, Oklahoma 74119