Trademarks allow consumers to recognize a particular company as the source of particular products and services that they trust. A trademark gives a business protection against the unauthorized use of the mark, but to be able to enforce this legal protection you should register your trademark promptly and properly.
The NJ and NY trademark attorneys at The Ingber Law Firm can assist you with all aspects of federal trademark law in New Jersey including:
- Trademark protection
- Trademark registration
- Trademark litigation
- Trademark defense
- Trademark infringement
NJ and NY Trademark Protection and Litigation
Enforceable rights in a trademark are based on the legitimate use of the mark. If you register your mark on the Principal Register you will receive several advantages including:
- Constructive notice to the public of your claim of ownership of the mark
- A legal presumption of ownership
- The exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in your registration
- The ability to bring an action concerning the mark in Federal court
- The right to use your registration to obtain registration in foreign countries
Trademark infringement occurs when a trademark is used that is so similar (or identical) to a registered trademark that viewers are confused as to the origination of the products the trademark is supposed to identify.
Several courts have attempted to set criteria for determining how similar marks must be for trademark infringement to proved. These may include--
- How well recognized the original trademark is among consumers
- How similar the products are
- How alike the marks are in appearance
- What marketing channels are used to promote the infringing trademarked products compared to the legally trademarked goods.
- What evidence exists that the mark actually causes consumer confusion
- Whether the infringer made an honest mistake or planned to steal the trademark image
Trademark Infringement? Call a NJ and NY Trademark Attorney
There are severe penalties for infringing--using a mark without the owner's permission. The party who infringes may be liable for damages, such as lost profits from sales of the owner's goods or services. If someone intentionally uses your mark, you may be compensated for damages, as well as for all profits made selling goods or services that used the mark, and for your NJ and NY trademark attorney fees.
NJ and NY trademark registration and defense
A NJ and NY trademark lawyer can assist you with trademark registration. Your attorney can hire a service firm to conduct a search of the U.S. Trademark Registry to determine if the mark is available.
If your mark is available, your NJ and NY trademark law firm files your application and holds discussions with the U.S. Patent & Trademark Office. If someone objects to your registration, that party may also participate in these proceedings.
The first person to use a mark has superior claim to use of that mark. Since state registration is usually only effective within that state and not effective for businesses engaged in multi-state operations, your NJ trademark attorneys can help you file and obtain federal trademark protection.
Contact The Ingber Law Firm to speak to an experienced trademark attorney in NJ and NY.