Biletsky Law - Trademark LawTrademark protection extends to much more than just your logo or brand. The assets surrounding “trademark law” includes intellectual property types such as service marks, trade dress and certification marks. While the types of protection and enforcement under the law include; infringement, brand dilution, tarnishment, counterfeiting, and much more. Registering your trademark will help you protect your brand and enforce your rights from being used by others.

In the United States; trademark rights typically belong to the first party that uses the trademark in commerce. This concept is also known as the “priority of use” and can even apply to unregistered trademarks. Trademark rights may potential exist under various bodies of law such as the “common law”, state law and federal law. Therefore, it is essential to work with an experienced trademark attorney before protecting or enforcing your intellectual property rights.

  • Conflict Search Analysis – Before moving forward with your brand or product, it is important to determine whether the mark is in use or if there are potentially conflicting uses.

  • Registration – Federal trademark registration helps protect your brand and also allows the owner of the brand to make use of trademark laws designed to prevent unfair competition or the dilution of a brand.

  • Office Action Response – In some cases, United States Patent and Trademark Office may send you an office action requiring additional steps to be taken. Failure to adhere to strict rules and deadlines could result in your trademark being abandoned or refused registration.

  • Opposition Proceedings – During the trademark registration process, there is period where your application can be subject to being opposed. Depending on the circumstances; your trademark application may be opposed or you can seek to oppose the application of another.
  • Cancellation Proceedings – After your trademark has been registered, it may still be vulnerable to being cancelled. Contact Us if a cancellation proceeding has been filed against your trademark or to cancel another’s trademark registration.

  • Post-Registration Filings – After your trademark has been registered, you are still responsible for certain filings in order to maintain your trademark registration. Starting on the 5th year anniversary of the registration of your trademark, a Section 8 Declaration must be filed. Certain registrations may also be eligible for a Section 15 Declaration of incontestability, to protect your trademark from cancellation proceedings. On every 10th year anniversary of your trademark’s registration, a combined Section 8 & Section 9 declaration must be filed.

  • Cease & Desist Letters – Unauthorized use or confusingly similar brands can hurt your profitability and tarnish or dilute your brand. It is important to have any infringement stopped immediately.

  • International Trademarks – Protect your trademark internationally by registering your trademark through the World Intellectual Property Organization (WIPO) system.

  • Trade Secrets – Protecting the products or services of your business is an essential step to keep you ahead of your competitors.