Trademark law
You might be wondering why those big and successful companies give much importance in protecting their trade names. What really is the significance of such trademarks in their business operations? What legal actions do they exercise if other companies violated their rights regarding trademark law?
This write-up will try to reveal some corporate trademark issues and enlighten those individuals who are planning to come up with unique and nice trade names for their own businesses in order to avoid being engaged in trademark infringement.
In the corporate world's point of view, trademarks are words, symbols or phrases that distinguish or identify companies or their products among the other competitors. This is why it must be distinctive, suggestive, descriptive and/or generic. As a form of advertisement, these marks make it easier for the consumers or clients to recognize the manufacturer of the product or services.
To sight an example, if a customer wants to buy a pair of Nike shoes, he or she may just look for the "swoosh" symbol, which is the trade logo of Nike, to point out the product instead of further asking the customer service assistant.
More so, trademarks also provide protection to a certain product or services from being copied by other manufacturers. And in some cases, trademark protection deals with the other aspects of the product such as its color and packaging other than words, symbols and phrases that single it out from other products.
Trademark lawThus, both the federal and state laws have certain statutes, which cover those companies that will violate the rights of the trademark owner. The Lanham Act of 1946 which was amended in 1996 is considered the main federal provision which gives the most extensive trademark protection for businesses.
Trademark rights can be obtained by a certain manufacturer or service provider if it was the first to use the mark in business operations. Meaning, if a company is the first to sell a product with its original mark on the market, the said company then will be given priority by the law to utilize that trademark.
However, this advantage is only limited on the area where the product have gained distinction among the consumers. Another way is when the company was the first one to register the mark with the U.S. Patent and Trademark Office (PTO). This manner will give the company a nationwide trademark protection and is not limited to a certain locality if the mark will be approved by the office.
If in case an individual or a company has violated the trademark law, the trademark owner may then file an infringement case against the liable party to be entitled of a wide range of remedies that are mainly in form of monetary relieves.
Afterwards, the court will decide on the case using some factors such as:
Trademark Law Services
Services for the registration of trademarks and trade names
1 - Obtaining Registration Certificates for trademarks and trade names and patents.
2 - Search trademark background or feasibility study, prior to the application of trademarks and trade names.
3 – Formal registration of trademarks, trade names patents.
4 – Trademark renewals and patent annuity payments in general.
5 - Amendments and modifications to records.
6 – Oppositions to third party registration of trademarks, trade names and patents.
Trademark law8 - Proceedings against industrial property law violations.
9 - Legal proceedings against counterfeiting of goods, Defense of copyright, trademark and patents rights.
We Service all the Americas
Cuba, Dominican Republic, Puerto Rico, Jamaica, HaitÃ, Antigua & Barbuda, Trinidad & Tobago, Barbados, Paraguay, Uruguay, Colombia, Argentina, Chile, Peru, Venezuela, Ecuador, Bolivia, Brazil, El Salvador, Panama, Mexico, Costa Rica, Honduras, Guatemala.
Jurisdictions for our Trademark services also include Europe, China and Vietnam.
For more information on Trademarks search in each of these jurisdictions please click here.
Thanks to our service Trademark law; you can now evaluate the status of your brands before its formal registration of the same. WDA has a team of elite professionals who will accompany you through both pre and after registration stages giving our traditional 100% personalized service, and immediate response to each of your questions. For personalized information and contact to one of our lawyers click here.
WDA LAW is the Leader of intellectual property firms throughout the Americas, specializing in docketing trademarks maintenance of patents; representatives to exclusive and high-profile plaintiffs in cases of trademark counterfeiting in the Americas for leading manufacturers of renowned spirits and pharmaceuticals products; Representative of big corporations from Europe, Asia and U.S., headquarters in Miami, Florida, USA And Santo Domingo, Dominican Republic.
trademark registration in usa
- strength of the mark,
- proximity of goods,
- resemblance of the marks,
- evidence for consumer confusion,
- similarity of marketing means
- and the intention of the defendant among others
To have stronger chances of being successful in this court case, the petitioner is advised to seek the assistance of a credible and highly competitive corporate business lawyer to handle their trademark infringement cases. A legal expert will also answer all their questions as regards to this legal matter.
Know more about the and other issues involving the Business Law, log on to our website and consult our Los Angeles attorneys. Trademark law
