Adopting the wrong trademark can lead to unnecessary costs, confused customers and the need to rebrand. Our trademark opinions help companies move forward with confidence.
To safely adopt a new trademark, it is first necessary to ensure that the trademark is available for use in the United States. The Lanham Act prohibits companies from adopting “confusingly similar” trademarks, and adopting a trademark that your company cannot protect can lead to serious repercussions. Not only will any efforts to register the mark prove fruitless, but your company will not be able to build value in the mark, and use of the mark could lead to trademark infringement litigation.
At AdamsIP, we provide trademark opinions with one goal in mind: We want to help our clients make informed decisions about trademark selection. We provide clear and straightforward advice, and we let our clients know where their concerns lie. The decision of whether to adopt a trademark can have significant long-term legal, business, and financial implications and is a decision that should be made with a clear understanding of the risks and limitations involved.
When is a Trademark Opinion Necessary?
When is it necessary to obtain a trademark opinion? At AdamsIP, we routinely provide trademark opinions to help our clients answer questions such as:
1. Is a Proposed Trademark Available for Registration?
Prior to adopting a new trademark, it is essential to determine the likelihood of being able to register the mark with the U.S. Patent and Trademark Office (USPTO). In addition to conducting a trademark search, we can also provide a trademark opinion so that you can make an informed decision.
2. Is a Competitor’s Claimed Trademark Valid and Enforceable?
If a competitor’s trademark registration or pending application is standing in the way of your company adopting a desirable new mark, we can assess the validity and enforceability of the competitor’s claimed rights. If the mark has been abandoned, if the competitor fraudulently claimed intent to use, or if there are any other issues with the competitor’s claim of ownership, we can give you the information you need to determine the best path forward.
3. If a Trademark is Available to Register But May Also Lead to Challenges or Litigation, What Level of Risk is Associated with Adopting the Mark?
Sometimes, the availability of a trademark is not entirely clear. If the registrability of your company’s proposed mark is questionable, or if there is a chance that a competitor could claim infringement, we can help you critically assess the risks associated with moving forward.
4. What is the Company’s Likelihood of Success in Trademark Infringement Litigation?
Finally, if you believe that a third party is infringing one of your company’s trademarks, or if your company faces allegations of infringement, we can provide a trademark opinion to assess your likelihood of success in litigation. With this information in hand, you can decide what to do next and, if necessary, begin building an informed litigation strategy.
Discuss Your Options with a Trademark Lawyer at AdamsIP
Are you interested in obtaining a trademark opinion, or do you have questions about whether a trademark opinion is necessary? To speak with one of our experienced trademark lawyers in confidence, please call 251-289-9787 or tell us how we can help online today.