Trademark Law

Trademarks can be used illustrate a business name or logo. A variation of trademarks are service marks, which can be used to help distinguish products and services from competitors. As a businesses marks visually represent the brand of the company, properly using, registering, and defending the marks can be crucial for business survival. Our trademark lawyers can help navigate the nuances of trademark issues.

Our tradmark lawyers warn that trademarks can be deceptively simple to unwary applicant who files for a mark and then acts as if their use of the mark is protected. Even if a trademark registration is obtained, there may be important limitations on the use of the mark. 

The standard for whether a mark will receive protection is determined by a demonstration that the mark is not confusingly similar to an existing mark - visually or audibly. It is a common misconception by businesses that a minor change will be sufficient to make their mark unique, such as changing the letter "s" to the letter "z." 

Fanciful marks are considered the strongest type of mark. A fanciful mark is one that is created for the sole purpose of identifying the brand, product, or service and would be meaningless otherwise. Such marks have the least chance of becomming entangled in a dispute. Although other marks can operate under protection of the law, a business may have to dedicate more time, money, and resources to defend the mark.