TRADEMARK
YOUR TRADEMARK IS YOUR IDENTITY
TRADEMARK AVAILABILITY SEARCH/OPINION
The first step of the process is to conduct a trademark availability search. We have access to a trademark search database that encompasses both registered and pending trademarks from the United States and around the world. We will review your trademark in light of the existing trademarks, which enable us to render an opinion on whether we believe your trademark can be registered. While a trademark availability search is not a required step, we believe it is a valuable one and highly recommend it.
TRADEMARK APPLICATION (WORD, WORD/DESIGN, LOGO, COLOR, TRADE DRESS)
A trademark application can be filed for a word, a word combined with a design/logo, a design/logo by itself, a color scheme, trade dress and distinctive sounds. A trademark application can either be filed as a use-based application (if the trademark is currently being used in interstate commerce) or as an intent-to-use application (if the applicant has a bona fide intent to use the trademark in the future).
MADRID PROTOCOL
The Madrid system for the international registration of marks (the Madrid system) established in 1891 functions under the Madrid Agreement (1891) and the Madrid Protocol (1989). It is administered by the International Bureau of World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by filing one application directly with his own national or regional trademark office. A registered international mark is equivalent to a registration of the same mark in each of the countries designated by the applicant. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that office.
INTERNATIONAL TRADEMARK
In order to protect a trademark outside the United States, trademark applications should be filed in the relevant countries around the world. We have connections with colleagues in most countries around the world in order to aid in the filing of foreign trademark applications.
U.S. FILING FROM OUTSIDE THE U.S.
Our firm is well-situated to aid non-U.S. counsel in filing applications in the U.S., either directly from non-U.S. applications, or through the Madrid Protocol. We are interested in establishing reciprocal relationships with non-U.S. firms.
INFRINGEMENT/NONINFRINGEMENT OPINION
Trademark infringement occurs when a third party uses another’s trademark (or a confusingly similar variation thereof) that leads to confusion or the likelihood of confusion among the relevant consumer group. We can analyze a trademark situation to determine whether there is a likelihood of confusion. Trademark infringement also encompasses Lanham Act violations, passing off, dilution, blurring, tarnishment and unfair competition.
LITIGATION
Our trademark litigation practice focuses on the protection of our clients’ intellectual property rights and includes patents, trademarks, trade secrets, unfair competition, copyrights, and Internet and domain name disputes. We represent both companies and individuals, and both plaintiffs and defendants.
Contact the lawyers at Emerson Thomson Bennett, LLC, at 330-434-9999.