A trademark is anything that differentiates the supplier as the source of goods or services; a trademark never expires if used continuously.
Registering your Trademark with Your Patent
With any invention, you’re hoping to build mindshare and market share! To protect the intellectual property surrounding the invention, you draft a patent prior to use; to protect your trademark, you must use your trademark in commerce.
It might sound as if filing a trademark application is pretty straightforward: fill out a form, write a check, and send on over to the US Patent & Trademark office. However, if you fill out even one part of your application incorrectly, the office keeps your filing fee and negates your filing!
If you’ve named your invention, you should trademark the name. We screen your name to ensure that it’s not descriptive, confusingly similar, or infringes upon another brand that will disqualify your mark. Of course, we also advise on protecting your brand and obtaining appropriate domains.
Just because the domain is available, doesn’t mean the name is available for trademark!
At Connors & Associates pc we file your trademark based upon years of successful work filing and defending marks.
An essential component of your due diligence before filing a trademark is to conduct a thorough name search. And, let’s be clear: a Google search doesn’t count! Even a simple search through the trademark database doesn’t cover you entirely as it doesn’t include newly registered marks, state registrations, or common law rights.
If you order a database search yourself, a legal opinion on trademark ability remains warranted. As mentioned, you don’t want to spend the time, effort, and money on a new name only to discover that it can’t be registered!
Trademark Validity Opinion
Before you file a trademark infringement lawsuit, it makes sense to talk to us about an expert opinion. This carefully crafted document allows you to weight the time, costs, and potential settlement options available. And, if you’ve been notified of infringement on your part, a well-researched opinion forms the basis of your defense.