Your Trademark Is Your Identity
You want people to be able to easily recognize your brand. Gaining a loyal audience takes a great deal of work, as does creating the branding that represents your business. When people associate certain identifiers with your business, such as its colors or logo, you can’t underestimate the value these assets have in a competitive market. However, if you don’t protect them, other individuals or businesses may try to capitalize on them.
At Emerson Thomson Bennett, we know how important trademarks are for a business’s identity. Protecting your business’s identity is essential to help it stand out and succeed amongst the competition. Our trademark prosecution attorneys can work with you to protect this vital IP.
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 registered and pending trademarks from the United States and around the world. We will review your trademark in light of the existing trademarks, which enables us to determine 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).
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) 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 their 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.
To protect a trademark outside the United States, trademark applications should be filed in the relevant countries. We have connections with colleagues in most countries to aid in filing 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. directly from non-U.S. applications or through the Madrid Protocol. We are interested in establishing reciprocal relationships with non-U.S. firms.
Trademark infringement occurs when a third party uses another’s trademark (or a confusingly similar variation thereof), leading 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.
At Emerson Thomson Bennett, our trademark litigation practice focuses on protecting our clients’ intellectual property rights and includes patents, trademarks, trade secrets, unfair competition, copyrights, and Internet and domain name disputes. We represent companies and individuals, and plaintiffs and defendants.
Protect Your Business’s Identity with Emerson Thomson Bennett
Businesses of all sizes and in every industry need a strong brand identity today if they want to be remembered and recognized. Such important IP requires only the best protection. At Emerson Thomson Bennett, our team is dedicated to protecting the IP of individuals and businesses. We can help ensure that you are the only one who can benefit from your trademarks.
Contact our trademark prosecution attorneys today for more information.