Practically anything is capable of functioning as a trademark. Before you begin use of and build equity in your trademark, we suggest that a thorough search is undertaken to determine whether your selected mark may be in conflict with an already existing mark. Each year, our firm files hundreds of successful trademark applications with the U.S. Patent and Trademark Office, and we have successfully prosecuted and maintained trademark applications and registrations throughout the world for our clients. Let our experience guide you in selecting, filing, registering and developing your trademark.
When a business, corporation, or individual creates a marketable product or service, it is beneficial for them to establish a brand or identity consumers recognize. Trademark law provides the protections innovators need to establish this identity. Our trademark experience in New Jersey will help clients search for, register, enforce and protect trademarks. In addition, our attorneys assist businesses with related intellectual property, such as patents and copyrights.
Trademarks include distinctive words, names, symbols, sounds, colors or a combination, used in connection with the sale of products or services, for the purpose of identifying their source. Trademark ownership depends on first use in the marketplace in connection with products or services. We help our clients perform trademark searches to ensure their mark or something similar is not already in use or registered for intended use, and thus owned by another party.
If the proposed trademark is cleared, we file a trademark application with the U.S. Patent and Trademark Office (USPTO) to protect the mark from other use. If the trademark is distinctive, rather than descriptive or generic, it will serve to distinguish the products or services of its owner from the products and/or services of its competitors, and be registrable as long as there are no similar marks for similar goods or services.
Protecting against Trademark Infringement
Although trademarks do not receive protection until actual use, it can often make sense to file a federal trademark application prior to use on an “intent-to-use” basis. The Law Offices of Douglas C. Anton, Esq. can help you register a trademark with the USPTO immediately to obtain proof of ownership and right of exclusive use. Trademark ownership lasts as long as the trademark is in use, but can be lost through abandonment, dilution by competitor use of similar marks, or such common use that it becomes generic. Allowing registration to lapse may also result in loss of ownership.
Mr. Anton helps protect trademarks by properly renewing registrations, diligently enforcing trademarks and aggressively protecting marks against infringement. Trademark infringement cases are often complex, requiring the skill and expertise of an experienced New Jersey trademark attorney.
In today’s global economy, many of our clients sell their products or offer their services outside of the United States. The Law Offices of Douglas C. Anton, Esq. offers international trademark searches as well as assistance with expanding your trademark rights beyond U.S. borders. We can also assist you with transactional matters including the purchase and/or sale of companies and the good will associated with their trademarks and trademark licensing.
Please contact the Law Offices of Douglas C. Anton, Esq. for a case evaluation and to schedule an appointment.
Areas of Practice
The Law Offices of Douglas C. Anton, Esq. offers clients his wealth of legal experience, advice, and representation in a wide variety of areas, including, but not limited to, the following:
- Criminal Defense
- Entertainment Law
- Sports Law
- Civil Law
- Family Law
- Corporate Counsel
- Immigration Law
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