Huntsville Trademark Lawyer Ensuring Your Trademarks are Protected
Trademarks are what identify a business’s goods or services and distinguish them from those of others. For many businesses, especially those that are not engaged in extensive research and development activities, trademarks can be their most valuable intellectual property asset. Each Huntsville trademark lawyer at AdamsIP knows how important our clients’ brands are to them and what the goodwill associated with their brands can mean for their business. As such, we give our Huntsville clients’ trademarks the attention they deserve through comprehensive trademark counseling, prosecution, and enforcement services.
Our Huntsville Trademark Lawyer Knows What Makes a Good Trademark
Not all trademarks are created equal. The true test of the strength of a trademark is its distinctiveness — that is, the degree to which it is capable of identifying and distinguishing the goods or services it covers from those of others. Trademark distinctiveness exists on a spectrum, from those that are highly distinctive to those that are mere generic terms. The strongest trademarks tend to fall into one of the following categories: (1) fanciful marks, which are made-up words that exist only to serve as trademarks (e.g., Pepsi), (2) arbitrary marks, which are words that have common meanings unrelated to the products or services they cover (e.g., Apple), and (3) suggestive marks, which hint at the nature of the products or services they cover (e.g., Airbus).
Our Huntsville Trademark Lawyer Obtains, Protects, and Enforces Trademarks for Huntsville Companies
Whether you are applying for trademark registration for the first time or are seeking recourse against copycats and counterfeiters, a Huntsville trademark lawyer at AdamsIP can propose and pursue creative strategies designed just for you.
Trademark Searches and Opinions
Choosing a strong trademark for your goods or services is merely the first step in the trademark process. Before you begin using the mark, you must also ensure that no other company is already using the same mark or a highly similar mark in connection with similar goods or services. A good way to do that is through a trademark search, in which your attorney will search the trademark register and identify any existing marks that could block you from registering your mark. If your attorney finds any marks of concern, he or she can then provide you with a trademark opinion outlining the attorney’s opinion as to the validity of the competing mark and the degree of litigation risk it poses, among other matters.
The best way to protect your trademark is to register it with the United States Patent and Trademark Office (USPTO), and submitting a trademark application is the first step toward doing so. While trademark registration is not strictly required to use your trademark, it confers a number of benefits not available with unregistered marks. For example, registering your trademark provides nationwide public notice that you own the mark and allows you to sue alleged trademark infringers in federal court. A Huntsville trademark lawyer at AdamsIP has extensive experience obtaining trademark registrations, both in the United States and internationally, and handles every step of the trademark application process.
Trademark Maintenance and Renewal
Trademarks do not expire after a certain number of years; rather, they remain in force for as long as they are actively being used in commerce. To keep a trademark in force, the trademark owner must engage in trademark maintenance, which includes filing renewal documents at regular intervals with the USPTO, monitoring for trademark infringement, and enforcing his or her trademark rights against infringers. Failure to maintain a trademark can result in the loss of rights in the mark. Our attorneys provide a full suite of trademark monitoring services for our clients to ensure that their registrations remain in force and that their trademark protection remains strong.
Trademark Enforcement and Litigation
Trademark infringement — whether it involves the use of an identical mark or one that is confusingly similar — can result in consumer confusion and significant financial loss for a trademark owner. To counter its effects, trademark owners have several trademark enforcement tools at their disposal, including:
- Cease and desist letters
- Takedown notices
- Opposition and cancellation proceedings at the Trademark Trial and Appeal Board (TTAB)
- Trademark infringement litigation in federal court
While not every trademark dispute will end up in court, you should be prepared for that possibility by hiring a trademark attorney with experience representing both trademark owners and alleged infringers in trademark litigation matters.
Contact a Huntsville Trademark Lawyer for a Free Consultation
If you are ready to take your brand to the next level, we are here to help. To get started, please contact a Huntsville trademark lawyer at AdamsIP by calling 251-289-9787 or by using our online contact form.
810 Regal Dr SW
Huntsville, AL 35801