Polasek Law Firm (TPLF) has years of experience counseling and representing businesses and individuals that seek to obtain or enforce their trademark rights and defending clients accused of violating the trademark rights of others.
In addition, the firm has represented clients in domain name disputes and ICANN proceedings that involve assertions of trademark rights.
If you or your company is looking to obtain a Federal Trademark Registration or a State Trademark Registration, TPLF can prepare and file your application.
If you or your company is involved in a trademark dispute, whether it is a lawsuit, an ICANN proceeding or involves a cease and desist letter, Polasek Law can help you.
TPLF offers initial consultations at no charge and look forward to talking with you.
What Is a Trademark?
A trademark is a word, name, logo, slogan, symbol, or phrase that you use to identify your products and services.
Service marks can also be used to symbolize the services of a company. Trademarks are an integral part of any business.
As the identifying factors for customers and potential buyers, trademarks and service marks protect the brand you develop.
A company need not register a trademark in order to develop trademark rights. But registering your trademark offers many advantages.
For example, registration of a trademark with the United States Patent and Trademark Office (USPTO) puts others on notice that you claim ownership of the trademark and provides the trademark owner with certain rights.
Registration provides a presumption of ownership nationwide of that trademark.
Registration also provides the owner the exclusive right to use the mark in association with the goods and services included in the registration.
Federal trademark protection provides ten years of protection. You may renew your trademark for ten year periods.
Registration is not required because common law affords you trademark protection. However, common law rights are unlikely to provide nationwide protection. Protection against others using the trademark may be limited to only the geographic region where you do business.
State registration of trademarks also affords protection to the original user.
However, this protection extends only within the state where you register the trademark.
The items that make up your brand should be protected through trademarks.
Trademark laws protect your intellectual property and safeguard against others adopting logos, slogans, symbols, etc. that are confusingly similar to your existing intellectual property.
How do I select my mark?
The firm can advise you in your selection of your trademark. To assist you, we will explain the categories of marks – arbitrary, fanciful, suggestive and merely descriptive.
How do I register my mark?
Building a strong brand for your good or service should be a priority. This brand helps customers distinguish your good or service from competitors.
A trademark can be the most valuable asset that a business owns. Contact a trademark attorney today to explore your trademark rights.
The most important thing you can do to protect your mark is to register it with the United States Patent & Trademarks Office (USPTO). The initial term of a federal registration is 10 years, with 10-year renewal terms.
TPLF has experience in registering you marks with the USTPO. Call today for a free consultation or to learn more.
What to Do If Someone Is Infringing on Your Trademark
The owner of a trademark has the right to exclude others from using a mark that creates a likelihood of confusion. An experienced trademark attorney can evaluate your trademark matter.
Cease and Desist Letter
Oftentimes, if it is believed that trademark infringement is occuring, the trademark owner will send a cease and desist letter.
A cease and desist letter demands that the person stop infringing on your trademark rights. A trademark lawyer can assist in drafting the letter or in responding to such a letter.
File a Lawsuit
If a cease and desist letter does not lead to a resolution of the dispute, a lawsuit may be filed. A trademark infringement lawsuit may be filed in federal or state court.
There are two main ways to show that trademark infringement has occurred.
Likelihood of Confusion
In trademark infringement lawsuits, the court will evaluate whether there is a likelihood of confusion between your trademark and the infringing mark.
There are typically eight factors to consider in determining whether there is a likelihood of confusion:
- Strength of your mark;
- The similarity of goods and services offered by you and the infringer;
- The similarity of the marks;
- Evidence of actual confusion between the two marks;
- Marketing channels of both parties;
- Degree of purchaser care and sophistication;
- The intent of the infringer in selecting the mark; and
- The likelihood of either party expanding their product line using the mark.
Not all factors will be relevant in every case; however, the ultimate question in all trademark infringement lawsuits is whether the average consumer would have a difficult time distinguishing between the two marks.
Dilution of Trademark
Trademark owners may also assert dilution of the trademark. In this claim, the infringer’s use of the trademark weakens your trademark’s reputation.
Unlike likelihood of confusion claims, dilution claims do not require that the good or service be similar.
Trademark infringement has the potential for substantial economic losses. Seek the counsel of a trademark attorney to defend your trademark rights.
What To Do If You Have Been Accused of Trademark Infringement
If you’ve received a cease and desist letter accusing you of trademark infringement, it can be frightening. It’s advisable to consult with a trademark attorney before you respond to the letter.
If accused of trademark infringement, there are multiple defenses you can raise.
Priority Claim
Perhaps you were the first to use the trademark in question. Remember, even if you never registered your trademark with the USPTO or with a state agency, you still have common law rights. The assistance of a trademark attorney can help navigate through these issues.
No Likelihood of Confusion
You may also be able to show that there is no likelihood of confusion between the two marks. In this situation, a trademark attorney can assist in contesting the alleged infringement.
Why Do I Need a Trademark Lawyer?
Attorney John (Ted) Polasek’s firm, Polasek Law, focuses on intellectual property law. With a rich knowledge of intellectual property, trademarks, patents, patent litigation, and contingent fee patent litigation, Ted sets himself apart from attorneys at large firms by providing personalized counsel to his clients.
When faced with a complex trademark infringement lawsuit, the experienced attention Polasek Law provides to your unique situation sets you on a positive path forward.
Contact Polasek Law today for a no-charge initial consultation!