Metro Detroit Trademark Attorneys
Why Hire A Trademark Attorney
Trademark registration, like all other legal services, done properly, is much more than simple form-filling and will guarantee that your brand is launched on the timeframe you required and protected in the manner you expect.
Among the advantages of retaining an attorney for your trademark registration are that you will:
- Conduct a proper search for existing, conflicting marks before filing your application.
- Ensure that your application is correctly completed and filed.
- Ensure that a proper specimen is included with your application.
- Stay on top of important 1-year and other post-application deadlines.
- Ensure that your mark is properly monitored once it is approved to guard against potentially infringing new applications.
- Properly defend Office Actions and Opposition Actions filed against your mark during your registration process.
What Is A Trademark?
A trademark, whether a series of words or a logo design, is, under Federal law, a guarantee for consumers of the source and quality of a good or service. It is a record on a Federal register with the US Patent and Trademark Office (USPTO) of not only your use of the mark to indicate the source and quality of your good or service interstate commerce but also a record of the first date of use. (In the United States, protection extends to those who have been using a mark longest rather than simply to those who managed to register it first.)
Unlike copyright or patent protection, a trademark does not therefore protect your “design” but its use in commerce. If you cease to sell your product or to offer your service, you will lose your trademark protection.
There are many advantages to properly registering a trademark:
- You enjoy a presumption of exclusive use of the mark.
- After 5 years, it is contestable only under very limited circumstances.
- You have the right to obtain registration in foreign countries.
- You can request that US Customs block infringing imports.
- Only a registered trademark may utilize the ® character.
Why expend your personal, financial, and emotional capital in a business or brand launch only to short-change the protection your effort will require to maintain its success in years to come?