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Trademarks and Unfair Competition

Trademarks allow consumers to recognize a particular company as the source of particular products and services that they trust. Practically anything is capable of functioning as a trademark, including a word, a phrase (Mcdonald’s corporation “I’m loving it”), a letter or letters (F for pocketbooks), a number or series of numbers (346 for clothing), a pictorial scene, a smell (a fresh fruity fragrance reminiscent of oranges for paint strippers), a sound (the sound of a ringing cash register for notification services that funds have been deposited), a color (pink for insulation), packaging, (a fanciful bottle or label for alcoholic beverages) and product configurations (the shape of a lamp, for example). A trademark gives a business protection against the unauthorized use of the mark. However, to be able to enforce this legal protection a business should always register the trademark with the United States Patent and Trademark Office.

The Ingber Law Firm can assist you with all aspects of federal trademark law in New Jersey including:

 

  • Trademark registration
  • Trademark protection and litigation
  • Defense against claims of Trademark infringement

Trademark Registration Enforceable rights in a trademark are based on the legitimate use of the mark. If you register your mark 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

The Ingber Law Firm can assist you with trademark registration process:

  • We can hire a service firm to conduct a search of the U.S. Trademark Registry to determine if the mark is available.
  • We can file your application and hold discussions with the U.S. Patent & Trademark Office and anyone who may object to the registration

Trademark Protection and Litigation It is equally important to register a mark as it is to protect a mark. The Ingber Law Firm can assist you in opposing any attempts to register marks that are similar or identical to yours. If another party begins to use a mark that is so similar or identical causing trademark infringement our firm can assist you in litigating the claim. We also help clients to defend against claims of trademark infringement

If you would like to discuss these or any other intellectual property concerns, we encourage you to contact any of our attorneys