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Sometimes a brand name can be more valuable
than the actual product the brand name refers to. We can all think of product
names that have become immensely famous and recognizable over the
years. In the vast
majority, these names are protected by trademarks. A trademark is a word,
phrase, name or symbol that is used in commerce to indicate the
source of goods (or services in the case of a service mark) and to
distinguish the goods or services from other goods and services in
commerce. Trademark
rights arise from the use of the mark in commerce. Additional protection of a
trademark may be obtained by federally registering the
trademark. Trademark
holders have the right to prevent others from using the same or
confusingly similar marks to identify their goods or services in
commerce.
In the internet age, trademarks have been very important in
disputes concerning domain names and cyber squatting. Additionally,
trademarks are also a consideration when deciding what to name your
new product, service or even when choosing a name for your
company. You want to
choose a name that will be trademarkable, as well as, make sure it
does not infringe on an already existing mark.
Our services include trademark clearance searches and
opinions to determine whether your desired mark is already being
used or is too similar to someone else’s mark, procurement of
federal trademark registration, and the representation of
clients before the Trademark Trial and Appeals Board.
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